2015-10-20 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City
Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at
www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least
48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, October 20, 2015, 9:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Luz Martinez, Council Member
Melissa Ybarra, Council Member
Yvette Woodruff-Perez, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that
is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters. If you
would like to comment concerning a matter that is noticed for a public hearing today, please wait until that
hearing is formally opened before making your comment.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards.
September 2015 Anniversary
Employee Name Job Title Years
1. Daniel Santos Police Sergeant 20
2. Christopher Delgado Metering Technician 15
3. Irene Castillo Senior Account Clerk 15
Regular City Council Meeting Agenda
October 20, 2015
Page 2 of 9
2. A Proclamation of the Mayor and the City Council of the City of Vernon commending Teresa
McAllister for her dedicated service to the City of Vernon.
3. A Proclamation of the Mayor and the City Council of the City of Vernon commending Police
Canine Officer Donald Vanover and Police Canine Rico for their dedication and service to the
citizens of Vernon as a member of the Vernon Police Department.
4. A Proclamation of the Mayor and the City Council of the City of Vernon commending Police
Canine Officer Kent Stevenson and Police Canine Roy for their dedication and service to the
citizens of Vernon as a member of the Vernon Police Department.
5. A Proclamation of the Mayor and the City Council of the City of Vernon commending C.R.
Laurence Co., Inc. for their economic contribution to the City of Vernon and the surrounding
communities.
6. Los Angeles Economic Development Corporation (LAEDC) Most Business Friendly City Finalist
Recognition.
7. Verdugo Fire Communications Center.
PUBLIC HEARINGS
8. Public comment on the establishment of Vernon’s new Transmission Revenue Balancing Account
Adjustment for its high voltage (over 200 kV) transmission entitlements (all located outside the
City) pursuant to Vernon’s Transmission Owner Tariff.
A Resolution of the City Council of the City of Vernon establishing a Transmission Revenue
Balancing Account Adjustment for 2016 in accordance With Vernon’s Transmission Owner Tariff
and providing for tariff sheet changes to implement the adjustment.
Recommendation:
(Items A-D)
A. Find that the establishment of a new Transmission Revenue Balancing Account Adjustment
(TRBAA) is exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
B. Conduct a Public Hearing; and
C. Approve the Resolution establishing a New Transmission Revenue Balancing Account
Adjustment for 2016 which:
1. Adopts the newly calculated TRBAA of a positive $411;
2. Adopts the replacement of the existing TRBAA of positive $12,458 with the new TRBAA
for 2016 of a positive $411;
Regular City Council Meeting Agenda
October 20, 2015
Page 3 of 9
3. Adopts the attached revised Appendix I of Vernon’s TO Tariff reflecting the TRBAA of
positive $411; and
D. Authorize outside counsel to submit the City of Vernon’s TRBAA and supporting documentation
to the Federal Energy Regulatory Commission (FERC) on behalf of the City of Vernon.
9. Public comment on the establishment of Vernon’s new Existing Transmission Contract
Adjustment for its high voltage (over 200 kV) transmission entitlements (all located outside the
City) pursuant to Vernon’s Transmission Owner Tariff.
A Resolution of the City Council of the City of Vernon adopting a new Transmission Revenue
Requirement for 2016 in accordance with Vernon’s transmission owner tariff and providing for
tariff sheet changes to implement the adjustment.
Recommendation:
A. Find that the establishment of a new Transmission Revenue Requirement (TRR) associated with
Vernon’s high voltage entitlements is exempt under the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
B. Conduct a Public Hearing; and
C. Approve the Resolution, pursuant to the Transmission Owner Tariff, to be effective on January 1,
2016, for the establishment of the City’s new TRR Transmission Revenue Requirement (TRR)
and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas & Electric
TRR Report dated on or about October 20, 2015; and
D. Authorize outside counsel to submit the City’s TRR, the amended Appendix I to the Vernon TO
Tariff, and supporting documentation such as the TRR Report, to the Federal Energy Regulatory
Commission (FERC) on behalf of the City of Vernon.
10. Public comment on Variance to Meredith Baer/Three Angels Investment LLC to create a lot less
than one acre in size and less than 150 foot frontage.
A Resolution of the City Council of the City of Vernon approving a variance to Meridith Baer
from Section 26.4.1-8(G) of the Vernon City Code, for the property located at 4820 Everett Court.
Recommendation:
(Items A-C)
A. Find that approval of the proposed variance is categorically exempt from review under the
California Environmental Quality Act (CEQA) in accordance with Class 5, Section 15305 of the
CEQA Guidelines, “Minor Alterations in Land Limitations,” because the proposed lot line
adjustment is a minor alteration in a land use limitation in an area with an average slope of less
than 20% that does not result in any changes in land use or density. A Notice of Exemption will
be prepared and filed with the County Clerk; and
Regular City Council Meeting Agenda
October 20, 2015
Page 4 of 9
B. Adopt a resolution approving a variance from Section 26.4.1-8 (g) which mandates that no lot
(except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least
one acre in size, subject to certain conditions, to Three Angels Investment, LLC for the property
located at 4726 Everett Court; and
C. Grant to Three Angels Investment, LLC a waiver from Section 28.28 (b) of the City Code that
requires each lot to have a minimum frontage of 150 feet on a public street.
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will
be considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
11. None.
Warrant Registers
12. Approval of City Payroll Warrant Register No. 712, totaling $3,061,652.21, which covers the
period of September 1, through September 30, 2015, and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,156,447.30; and
B. Checks and electronic fund transfers (EFT) paid through General bank account totaling
$905,204.91.
13. Approval of City Warrant Register No. 1434, totaling $1,604,324.38, which covers the period of
September 29 through October 12, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,263,971.75; and
B. Ratification of the issuance of early checks totaling $249,812.45; and
C. Authorization to issue pending checks totaling $90,540.18.
14. Approval of Light & Power Warrant Register No. 399, totaling $598,816.26, which covers the
period of September 29 through October 12, 2015, and consists of the following:
A. Ratification of wire transfers totaling $498,450.70; and
B. Ratification of the issuance of early checks totaling $23,551.24; and
C. Authorization to issue pending checks totaling $76,814.32.
15. Approval of Gas Warrant Register No. 187, totaling $133,049.11, which covers the period of
September 29 through October 12, 2015, and consists of the following:
Regular City Council Meeting Agenda
October 20, 2015
Page 5 of 9
A. Ratification of wire transfers totaling $112,435.83; and
B. Ratification of the issuance of early checks totaling $19,429.42; and
C. Authorization to issue pending checks totaling $1,183.86.
City Administration Department
16. Council Conference Attendance Report.
Recommendation:
A. Receive and file the Council Conference attendance report to the League of California Cities
Annual Conference and Expo.
Fire Department
17. Activity Report for the period of September 16 through September 30, 2015, to be received and
filed.
Health and Environmental Control Department
18. September 2015 Monthly Report, to be received and filed.
Police Department
19. Canine Retirement and Purchase/Transfer Agreement.
Recommendation:
A. Find that approval of the proposed agreement is exempt under the California Environmental
Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Authorize the execution of a police canine purchase/transfer agreement, in substantially the same
form as submitted with the staff report, to be conveyed to Kent Stevenson; and
C. Authorize the execution of a police canine purchase/transfer agreement, in substantially the same
form as submitted with the staff report, to be conveyed to Donald Vanover; and
D. Authorize the City Administrator to execute the agreements on behalf of the City, in substantially
the same form as submitted herewith.
20. Activity Log and Statistical Summary of Arrests and Activities for the period of September 16,
through September 30, 2015, to be received and filed.
Regular City Council Meeting Agenda
October 20, 2015
Page 6 of 9
Public Works, Water, and Development Services Department
21. September 2015 Monthly Building Department Report, to be received and filed.
NEW BUSINESS
Fire Department
22. Approval to Purchase One (1) Paramedic Rescue Ambulance for the Fire Department.
Recommendation:
A. Find that approval of the proposed purchase is exempt under the California Environmental Quality
Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
B. Approve the purchase of one (1) Paramedic Rescue Ambulance from Leader Industries in the
amount of $164,882.82, and authorize the Purchasing Department to issue a purchase order to
Leader Industries to replace the current 2001 Paramedic Rescue Ambulance that no longer meets
the needs of the department.
Gas and Electric Department
23. A Resolution of the City Council of the City of Vernon approving and adopting the Vernon Gas &
Electric Department Resource Adequacy Plan for 2016, which includes the peak demand forecast,
the planning reserve margin, the qualifying capacity criteria and the qualifying capacity from such
resources, city’s resource adequacy and supply data and approves the resources used to satisfy the
California Independent System Operator’s Tariff Requirements.
Recommendation:
(Items A-C)
A. Find that the approval of the City of Vernon Gas & Electric Department Resource Adequacy Plan
for 2016 is exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
B. Approve the Resolution establishing the City of Vernon Gas & Electric Department Resource
Adequacy Plan for 2016 that adopts:
1. The approval of the coincident peak Demand Forecast for 2016;
2. The approval to retain the same 15% Reserve Margin for planning purposes;
3. The approval of the Qualifying Capacity Criteria that will be used for determining qualifying
resource types and the Qualifying Capacity from such resources;
4. The approval of the City’s annual and monthly Resource Adequacy and Supply data;
Regular City Council Meeting Agenda
October 20, 2015
Page 7 of 9
5. The approval of the Resource Adequacy resources that will be counted on to satisfy the City’s
Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement for
2016; and
C. Authorize staff to submit the City of Vernon Gas & Electric Department‘s Resource Adequacy
(RA) Plan for 2016 and the Monthly Resource Adequacy and Supply data to the CAISO.
Human Resources Department
24. Adoption of New City of Vernon Personnel Policy and Procedures, Criminal Background and Live
Scan Policy I-13, Tattoo and Body Piercing Policy I-16, Alcohol and Drug-Free Workplace Policy
III-1, Tardiness Policy III-4, and Administrative Manual Policies, Electronic Equipment and
Systems Use Policy 5.1 and Mobile Communication Device Use Policy 5.2.
Recommendation:
A. Find that approval of the proposed administrative and personnel policy and procedures are exempt
from California Environmental Quality Act (CEQA) review, because it is a general policy and
procedure making activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section
15378. Furthermore, even if it were a project, because such activity will not have any effect on the
environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment; and
B. Adopt the new Personnel Policy and Procedures, Criminal Background and Live Scan Policy I-
13, Tattoo and Body Piercing Policy I-16, Alcohol and Drug-Free Workplace Policy III-1,
Tardiness Policy III-4, and Administrative Manual Policies, Electronic Equipment and Systems
Use Policy 5.1 and Mobile Communication Device Use Policy 5.2 and incorporate into the
Personnel Policies and Procedures Manual and Administrative Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute and distribute
the above-referenced policies to all employees.
25. Goals and Accomplishments of the Human Resources Department.
Recommendation:
A. Find that the update on the goals and accomplishments of the Human Resources Department is
exempt from California Environmental Quality Act (“CEQA”) review, because it is a general
policy and procedure making activity that will not result in direct or indirect physical changes in
the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines
section 15378. Furthermore, even if it were a project, because such activity will not have any effect
on the environment, this action would be exempt from CEQA review pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have
a significant effect on the environment; and
B. Receive and file the report.
Regular City Council Meeting Agenda
October 20, 2015
Page 8 of 9
Public Works, Water and Development Services Department
26. Change Order No. 2 to Contract No. CS-0533, General Pump Company.
Recommendation:
A. Find that Change Order No. 2 for the installation of a 4-inch Swage Patch at Production Well No.
16, is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no
expansion of use beyond that existing at the lead agency’s determination; and
B. Ratify the approval of Change Order No. 2 to Contract No. CS-0533 with General Pump Company,
Inc., expanding the services to include the installation of a 4-inch Swage Patch at Production Well
No. 16, at a not-to-exceed cost of $10,850.00.
DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF
27. Options for City Housing Remodeling Project (continued).
ORAL REPORTS
28. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
29. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
30. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: Interim Director of Human Resources
31. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 3200 Fruitland Ave Vernon
Agency Negotiator: Mark Whitworth, City Administrator/ Alex Kung, Economic Development Manager
Negotiating Party: Fruitland Owner LLC, A Delaware Limited Liability Company (COX)
Under Negotiation: Amendment to Price and Terms of Assignment and Assumption of Purchase and
Sales Agreement
Regular City Council Meeting Agenda
October 20, 2015
Page 9 of 9
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue,
Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 15th day of October 2015.
By: ________________________________
Maria E. Ayala
City Clerk
REGEiVED
0cT 0+2015
CITY CTERK'S OFFICE
RECEIVED
ocT 0 6 20t5
STAFF REPORT CITY ADMIN RATION
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
October 20, 2015
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources Departme
Originator: Veronica Avendano, Administrative Secretary
Service Pin Awards for September 2015
Recommendation
A. City Council to present service pins to those employees hired in September.
Background
Submitted herewith lists the employees who are eligible to receive their service pin based on the
number of service years with the City of Vemon.
Fiscal Impact
None.
Attachment(s)
1. September 2015 Service Pin employee list.
Page I of 1
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A PROCI}IMATION OF TITE MAYOR AND TIIE CITY COUNCIL
OF TITE CITY OF WRNON COMMENDING TERESA
MCALLISTER FOR IIER DEDICATED SERVICE TO
TIIE CITY OF WRNON
lttHEREJf, Tema lr/.:4liter has Jaitlfulj sened te Ciy, o-[ l:enln as tlte Dimtor of Hanan
Rcwriet.ft r rnvr treeyars duitg a tranlformational tinte in the Ciry\ lhtory; and
IITHERE lS, Terev lll':-lllister will retin -l'mn tl)e Ciy of Ilerfllr eflititv October 29, 201 5; and
WT{E&E--LS, 'feresa lllc-llli.rter hat been an intryrd/ nentber ryf tLe Citl\ exerutirc lean and has
szttzssfulj./ /illed a nmtber oJ- ke1, elentuts of tlt Ciry's gtod gn'entance nf-otm meatrm tbnzgb the Lreation of a
Jull-xn,iu. pmaclite, and prufessirtnal Hanan Rcsoar*s Depdrt,rrcfit, tlte dualopnnnl oi L.ollaboratirc aorking
nlationsltipt witlt tlte Ciry\ six new and eislingntpkye batyannggmups, ud tlte Lvordilation o;[ a
,vnprelrnsit'e, Lityaide iorrfiLatil,t dnd Lvt Pemdtian :t 1pelomed b1 an independentJim; and
II:IHERE .1S, Tensa Alrllliter ltas wnrked diligentl] t0 in ?mft entpblrc nttrale ll,tmagboat tbe Ciy,
thnryl,t tl,te derelttpnnl and reestablbltntent of uiout erenls and prugrants *lebrating and nr.vgnijng tbe t,alaable
senite and torlibutiots ojCiS'ojl'enon enphg,ets; and
W'HE&E-IJ, 'feresa lllc. lisler, tlnugl the utabli:bntent of a new personnel polLies and pmrvdures
nanral, reg ar entployu inlbnnational nuelilgs, and extnsirc ettplo)ee traifii Eatd duelopnunt opponanilies, all
ruoled in best nanitipd/ ptunicl Las ettab/ilted a solid .[oundation .fitr tlte Hmtan Rcsoznvs DQdrtmenl to build
apon in -fittme 1'urs: tnd
llilHERE4.S, daing lnr long and distig il)ed Lureer in Hanan Rttourrvs and lrr nLvntlears with lbe
Ciry rl I'enon, Tercsa llc--1//iiter ltat won tlte d*pest re:pecl oJ lter cvlleagaes tlmtgft her nntibutions and
hader:lttp to tlrc Ciry; aud
ll'HERIL S, tle lla1or and tlte Ci5'Crtanil ql'tLe Ci\, of l'enton, on belnlf( is enpklees, residentt
dnd businesses, wislt tut nntntend and tbank Teresa A1":-1llister.fiir lter in'alaablt xn,ire to tle Cij and iuite
rengn i tio n of' lter Lo n / i bu lio us a nd acltiercne n h.
NOlr.; -IHEREFOKE, THE lL-1\ OR-lArD THE CIT\- COL NC/L Ol--THE CIr\. OF
I?-&\ION, ON BEH-.11} Ob I'1'S EAIPLOIT,-EI RE.'ID,ENTJ .,lN'D BLII/N'-8.'IE.'HEREB)'
COLIIIEN D TE,RES 1 ilIC-.1LIIJTER,F-OR HER DEDIC:ITED S ERI /ICE TO T HE CITY oF
THE HONOR IBI.E ALI\'OR II'. AIICH.,IEI, AICCORALICK FOR ..1,\D ON BEH4-F OF THE
CITY COUNCILOF THE CIT\. OF I E&\ON THIS 2OTH D-4\. OT_ OCTOBERru/O
T H O Lt 5,,!t\ D .1NrD l--11-7EEAt
CITY OF I,ER,\ON
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of
REGEIVED
ocT 19 zo15
CWCLERKSOFIICE
DATE:
TO:
FROM:
RE:
RECE!VED
ocT I 3 20t5
CITY ADMINISIRATION
STAFF REPORT
VERNON POLICE DEPARTMENT
October 20, 2015
Honorable Mayor and Council Members
Daniel Calleros, Chief of Police W
Canine Retirement Proclamation
Recommendation
The Police Deparhnent will conduct a presentation commending Police Canine Handlers Kent
Stevenson and Donald Vanover for their commitment to the police canine program and
recognize retired police canines "Rico" and "Roy."
Background
The Police Department Canine Program has been in place for well over eight years. Both canine
service dogs, Rico and Roy have served the residents and businesses of Vernon for the past eight
years. Canines Rico and Roy are over ten years of age and have reached the end oftheir service
deployment age.
In general, police canines are retired after about seven or eight years of sen ice. Police canines
are heavily trained and go through extensive physical activities during their service life. Over
the past months, both canine handlers have noted decreased performance by both canines. Given
the number of years of service, staff is recommending the retirement ofboth canines and to enter
into an agreement with Kent Stevenson and Donald vanover to provide good homes and
continued care as Rico and Roy live out their retirernent years.
Fiscal Impact
None
Attachment(s)
None
APRocrl4'MATroN oFTrrE MAYORAND TrrE crrYcouNcrL oFTrrE crTyoF
WRNON COMMENDING POLICE CANINE OFFICER DONALD VANOWRAND
POLICE CANINE RICO FORTIIEIRDEDICATIONAND SERWCE TO TIIE
CITIZENS OF WRNON AS A MEMBER OF TIIE
WRNON POLICE DEPARTMENT
WIEkEAS, on October 20, 2015, Police Canire Nco ('Wco') was retind fmn actiu duE after etgbtyms of
exemplal senia; a
WHERE-AS, Nco became a member of the Vtnor Polia Dqartne in 2007; and
W'IIEkEAS, Nco eamed the dtsignatios of a cenficd potice canine trackitg ard narcotics dog atd
IV'TIEREAS, Nco a,as inuolwd ir over 900 canirc varch fuplolme s and located ihms of euide nce; and
W'IIEREAS, Nco hat uon at'ards h conp$itionr dt Kg Tnak, fmn tbe kterifu Sbeifs Depanne*; and
W'IIEREAS, due to Ncol age ard ntmemus hoars of lrairing it has buone difirubfor hin to nrct the fumards of a
police canine; and
IYHERE-AS, Police Caniw Ofinr Donald Vanowr and Cadne Rlco haw comgeots! pnuidtd eightlears ofpolice
Pmtectilr, t0 members of tbts commani\, atd sumndirg law etforceme agercies; and
W'IIEREAS, the Malor a tbe CiE Coucil of tbe Ci!' of Vemot on bebatf of its enplolws, nsidt s and busituses,
uisbes to commend ard thark Polie Caniu Nco and Police Carirc Oficer Doruld Vatour -t'or tbeir manl Jedrs of sen ice t0 tb€
Ci! a inwh ncognition of tbcir co*ibltions and achietencrts.
NOV/, 7}IEKEI.=OKE, ME ]i-AYORAND TIIE cTTy C)UNCIL or_ THE aTY oF I.?RNON, oN
BEI]A]} OF ITS EMPLOYEES, KESIDENTS AND BUSINESSES HEPEBY COMMENDS POI.ICE
CANINE OFFICERDONAI-D VANOT/ERAND RECOGNIZES POI,]CE CANINE NCO. M$
PROCI-AMATIoN IS HEREBY PRETENTED To PoLf,CE Cr.lNIArE )FFICERD)N,4I-D VAN)I/ERBY
THE HONOKABLE MAYOR IT. MICTIAEL MCCORfuIICK FOR AND ON BEILAT} OF ME CITY
COUNCIL OF ME CITY OF I,BRNON TIllJ 2OIH DAY OF OCTOBERTIYO THOUSAND AND
FIFTEEN.
uf @,0
A PROCI.AMATION OF TITE MAYOR AND TIIE CITY COUNCIL OF TITE CITY OF
UERNON COMMENDING POLICE CANINE OFFICER KENT STEUENSON AND
POLICE CANINE ROY FOR TIIEIR DEDICATION AND SERWCE
TO TIIE CITIZENS OFVERNONASAMEMBER OFTIIE
WRNON POI.ICE DEPARTMENT
IYHEREAS, or October 20, 207 5, Poliee Canine Roy ('Rog") was ntindfnn actiw duS' aftcr ughtlear of exenpkry
sennce; and
W'I IERE-A|, RoJ became a member of the Venon Police Dqartment h 2007; and
W'IIEREAS, Rolt eaned tbe drigration 0f a certfied ?olice caniu tracking and nmcotics dog and
IV'HEkEAS, RE was inwbcd in oaer 900 catine search drpklnents and located ituns of euide rce; atd
W'IIEREAS, Ro1 has wor awarfu it competitiou at W Tiak, fmn tbe Naersifu S beifs Departnent and Vefltura
Polie Departnent; and
W'I IERE-A\, due to Ro1! tge and rumenas hoars of training it hat buone dificultfor lrim to meet the drmandt of a
polie canire; and
W'IIEREAS, Polia Canin Ofiar Keat Steursor ard Conine Ro1 baae nnrageousl1, pmuded aghtlears of polrce
pmtectiol to members of lbis connni!, and stnromditg law enforcement agercies; and
W'IIEREAS, the MEor a tbe Ci\ Coucil o;f the Ci\ of Veno4 on btbalf of its enplEeu, nsidefit and btsinesses,
uisbes to commend a thark Policc Canine RoJ and Police Canine Oficer IGrt S tewtson Jot tbeir ma4ylears of wvia to tbe Cij
and indte ncoglition of tbdr cortibutions ard acbieume s.
NOIY, THEREFORE, THE L[-4YOR,4ND ME CITY COUNAL OF THE CITY OF TZRNOAI ON
BEII,4IJ OF ITS EMPLOYEES, RE.fIDEAJTJ,4AID BUSINESSES HEREBY COMMENDS POIJCE
CANINE OFFICERKENT STEI,ENSON AND RECOGNIZES POI.]CE CANINE ROY. THIS
PROC'I.AI,IATION IS HEREBY PKESENTED TO POLICE C4NINE OFFICER KENT.'TEI,ZNJON B}'
THE HONOR/IBIE MAYORIY. MICILAELMCCORMICKFORAND ON BEITAI-F OFTHE C-ITY
COUNCIL OF THE CITY OF I/EPAION M$ 2OTH DAY OF OCTOBERTIYO THOUSAND AND
FIFTEEN.
RECEI\fEE
ocT I 5 2015 STAFF REPORT
CIIY CLERK'S OFIICE CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
October 20, 2015
Honorable Mayor and City Council
Mark C. Whitworth, City Administrator
Originator: Alex Kung, Economic Develop
Proclamation for C.R. Laurence Co., Inc.
Recommendation
Approve and present a proclamation to C.R. Laurence Co., Inc. for their economic contribution to the
City of Vemon and the surrounding communities.
Background
Headquartered in Vemon, C.R. Laurence Co., Inc. has been a leading manufacturer and distributor of
custom hardware products and supplies to the glass and glazing industry. The family owned
company was first located in Vemon in 1975 with $250,000 in sales, and has since grown to 42
locations tkoughout North America, Europe, and Asia, with 1,700 employees and current annual
sales of $570 million. With over one million square feet of land in the City of Vemon, C.R.
Laurence has contributed to the economic vitality of Vemon and the surrounding communities. For
the past two years, the Los Angeles Business Journal has recognized the company as one of the top
100 Fastest Growing Private Companies in Los Angeles County.
C.R. Laurence was recently acquired by Oldcastle Building Envelope, a subsidiary of Irish building
giant CRH Group, for $ I .3 billion. Chief Executive Donald Friese will continue ro lead C.R.
Laurence after the sale and the company will remain headquartered in Vemon.
Mayor McCormick will present this proclamation to C.R. Laurence on behalf of the City of Vemon
at the city council meeting on October 20th.
Fiscal Impact
There is only a nominal cost associated with this item, which is covered by the Industrial
Development supply budget.
Attachment(s)
None.
A PROCILIMATION OF TITE MAYOR AND TIIE CII:T COI]NCIL OF
TI{E CITY OF WRNON COMMENDING C.R. I./IURENCE CO., INC.
FOR TIIEIRECONOMIC CONTRTBUTION TO TIIE CITYOF WRNON
AND TITE SURROUNDING COMMUNITIES
lI:-HERE'lf, C.k Lttrrette Co., Int. lut beu d./'anti/1, owned bttsiness hradqudtercd h the Ci4,rtJ'1.'enon
t-onlib ling ta r '(,not i' titality 0J tl). Cit:l lJ'I'tntll i L? 1975; /t d
ll:'I IERIL'LS, C.k latrett Co., Inc. is a hodiry ttdn/)cltnr and distibutor oJ ruslou lurdware pnduns and
etPPlier t0 tb? Bldii dnd glolittg indrctry; and
ll'HERE'15, C-P- I-rnrcntt Ctt., Inc. :laied h 1 882 ui t on lot:atiat and lt* sinte gmwu to 12 lotztion:
mrybo \.onlt -.bneica, Europe, atd -.1:ia with 1,700 utploycs atd rumnt anntal sales oJ'9570 nillion; a
II:TJERB'[t, C-P- l-rttrnt Co., Int. wds nngild b1 tltr l-tts --lngchs Btsiness Jounal as one oJtlte tupt00
l-dnd Gruu,ury Pit'dn Contpuies.fir tlte Pai t1rr0)tdrc; o d
ll?llERE'lf, C.k latnnr Co., Inc. us retentl1, ar4tircd b1Oldronh Btilding Enekpe.lbr S 1.) bitlion; atd
Ojictr; atd
ll1HERE'1f, pon rr fu 0.1'C.k lttnrct Co.. Inc. l\1r. Fiey di:bttrxd apprv.r'unatef $80 ttillirn in boms
?a),0 |s l0 C.k Ltnert tltplolec: n a token of'Lit tpprc,iolion; d
ll''HERE lS, C-F- l-,ttnnte Co., In. opns rmt ote nillion sqttdn Jttl oJlaud it theCiU0/'I1n )n a d r],ilt
ntlait lttadqtarfurtd in I'ruttn; and
ll"tl ERE-15, C.k lttrett Co., InL-. was reutt[, honnnd blt (afi1jln1;a Sudor Nrurdo l_zra t a ndpienl oJ'tht
"2015 Exr/hnt in Bmin*s --7nard"; dnd
II'HERE'LI, C-k ltrnnt Ctt., Iu. is a lnte --Lntinn :ttttt:s strtry tlut exutpltJit -'e "I'enon lleans
Bntirc::" nrlto; dnd
ll"HERF:lf, tlte illa1ltr and the Ci j Counil t'J'tb Ciry 0J'I inn , ot behalJ'of its utplolees, residenls ond
buintssts, aislr lo tottttttud C.k l-,ztnnr Ctt., Inc. Jor tlLtir *rurtnic Lontibtttion to th? CifJ of Yefliot and tbc
s nm m di ng rttn lt tr r i t i e s.
,\OII', IHEREFORE, THE AI-,1\'OR,,ND 7HE CIT\'COL|NCILOF THE CITA'OF I.?RNON,
ON BEI{,II.F O]-- ITS EAIPLOYEE.', RE.f,IDENTJ ..I\D BLIJIAE.'.'E S HEREB\' COA.'\{EAD.' C.R
L-ILIRE.\-CE CO.,.lNC: IN RECOGITZON O]--.IIJ CO,\TINLED CROII"TH;ltlD SUCCESS. THIS
PROCL,L\L.ITIOX 15 HEREB\- PRE.IE\TE,D IO C.R L.ILIRENCE CO. INC. BY THE
HONOR.IBI-E tI.I)OR II:: ]IrcH.ELfICCORII,ICXFOR -.I\D ON BEII-.III-- OF THE. CIT\-
COL'XCILOF'11 IE CITY OF I ER\O-\ TI IIS 20]II D-.1\- OT- OCTOBER TII'O IHOI .''.I\D,.I\D
I.Ir--IIiE,\.
CI'N'OI_ I ER\ON
ll . )ltct L.1EL IICCOL\IICK. _\ldrur
ocT 15 2015
CITY CLERl('S OFFICE STAFF REPORT
RECEI\ ED
TO:
FROM:
RE:
RECEIVED
ocT I 3 20ts
CITY ADMINISTRATION
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief 6lv-Originator: Adriana Ramos, Al0ministrative Secretary
Verdugo Fire Communications Center Presentation
Recommendation
Executive Administrator, Don Wise of Verdugo Fire Communications Center to provide a brief
presentation on the benefits ofVerdugo dispatch center.
Background
The Verdugo Fire Communications Center was established August l, 1979, when the founding cities of
Burbank, Glendale, and Pasadena were faced with a number of concems. They recognized a need for a
single Fire/EMS communications center which would support mitigation of these issues.
In 1996, the cities of South Pasadena and San Marino contracted for fire dispatch services, which added
two more fire stations to the system and an increase of approximately 2,500 incidents per year. Eight
more fire stations were added in 1999 when the cities of Monrovia, Arcadia, and Sierra Madre joined the
Verdugo System, and in 2000 when San Gabriel was added. Ten additional stations were added when
Monterey Park, Alhambra and Montebello joined the Verdugo System in February 2005, April 2006, and
February 2009, respectively. In September 201 1, the Burbank-Glendale-Pasadena Airport Authority (Bob
Hope Airport) became the l3th agency to contract for Verdugo's dispatch services, bringing the total to
44 fire stations in the Verdugo System.
The communications center is now considered a "regional" dispatch center due to its area of
responsibility and coordination efforts. Ir serves as Area Coordinator (Area C) within Region I for State
of Califomia Mutual-Aid purposes. The center continues to be jointly overseen and managed by the
Burbank, Glendale, and Pasadena Fire Chiefs.
Fiscal Imoact
None.
Attachment(s)
None.
FIRE DEPARTMENT
October 20, 2015
Page 1 of I
City of Vernon
NOTICE OF TWO SEPARATE PUBLIC HEARINGS
The city council of the city of vemon will conduct two public hearings, which you may attend.
PLACE:
4305 Santa Fe Avenue
Vernon, CA 90058
(323) s83-E8il
Vemon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, October 20, 2015 at 9:00 a.m.
(or as soon thereafter as the matter can be heard)
(l) To consider evidence to establish Vernon's new Transmission Revenue
Balancing Account Adjustment for its high voltage (over 200 k\)
transmission entitlements (all located outside the City) pursuant to Vernon's
Transmission Owner Tariff, and (2) To consider evidence to establish
Vernon's new Existing Transmission Contract Adjustment for its high
voltage (over 200 kV) transmission entitlements (all located outside the City)
pursuant to Vernon's Transmission Owner Tariff.
All parties are invited to be present and to submit statements orally or in writing
before or during the applicable public hearing
Subject documents are available for inspection by the public at
Vemon City Hall, Ciry Clerk Department,4305 Santa Fe Avenue, Vemon,
Califomia 9005E, Monday through Thursday, 7:00 a.m. to 5:30 p.m. and on the
City's website at:
nleetin gs/c it).counc i I
Staffplans to recommend that the Vernon City Council determine
that the proposals will not have a significant effect on the environment and
are exempt from the Califomia Environmental euality Act (CEeA)
DATE &
TIME:
SUBJECTS:
R.EQUEST:
REVIEW OF
THE FILE:
PROPOSED
CEQA
FINDING:
If you desire to challenge the actions taken by the City Council or any portion thereof in court,
you may be limited to raising only those issues you or someone else raised at the applicable hearings
described in this notice or in written correspondence delivered to the City of Vemon during, or before, the
hearings.
The hearings may be continued or adjourned or cancelled and rescheduled to a stated time and
place without fi.rnher official notice ofthe public hearings.
hndino, Jr., Director of V
Dated:
DATE:
TO:
FROM:
STAFF REPORT
R CEIVED
ocT I 3 20t5
CIIY ADMINISIRATION
VERNON GAS & ELECTRIC DEPARTMENT IJ
October 20, 2015
Honorabte Mayor and City Councit
l#dU\f
Carlos Fandino Jr., Director of Vernon Gas & Electric Departmeff r -
Originator: Abraham Alemu, Electric Resource Planning & Development
Manager jointly with Spiegel & McDiarmid, Outside Counsel
Establishment of New Transmission Revenue Balancing Account Adjustment
(TRBAA) for 2016 ((TRRAA" Report)
R.E
Recommendation
A. Find that the establishment of a new Transmission Revenue Balancing Account
Adjustment (TRBAA) is exempt under the Califomia Environmental euality Act
(CEQA) in accordance with Section 15061(bX3), the general rule that CEeA only
applies to projects that may have an effect on the environment; and
B. Conduct a Public Hearing; and
C. Approve the attached Resolution establishing a New Transmission Revenue Balancing
Account Adjustment for 2016 which:
Adopts the newly calculated TRBAA of a positive $41 I ;
Adopts the replacement of the existing TRBAA of positive $12.458 with the new
TRBAA for 2016 of a positive $41 1 ;
Adopts the attached revised Appendix I of Vernon's TO Tariff reflecting the
TRBAA of positive $41 1; and
D. Authorize outside counsel to submit the City of Vemon,s TRBAA and supporting
documentation to the Federal Energy Regulatory commission (FERC) on behalf of the
City of Vemon.
Background
The city of vernon ("vemon" or "city") is a Scheduling coordinator and a participating
Transmission owner ("PTo") in the califomia Independent System operator corporation("ISO)' To participate in the ISO, PTOs are required to tum over administrative controi of their
1)
2)
3)
Page 1 of2
transmission facilities and entitlements to the ISO. In retum, the ISO collects revenues for each
PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to
provide transmission services.
The relationship between PTOs and the ISO is governed by a Transmission Control Agreement
C'TCA), which sets forth the specific duties and obligations of all PTOs. The TCA requires all
PTos to file a Transmission owner Tariff ("To rariff') with the Federal Energy Regulatory
Commission ("FERC').
Pursuant to Section 5.2 of the TO Tariff, Vemon updates its Transmission Revenue Balancing
Account Adjustment ("TRBAA') annual ly. The TRBAA is a tariff mechanism designed to
ensure that all rransmission Revenue credits ("TRCs") are flowed through to ISo open access
transmission taritr C'Iso Tariff') customers via annual update filings at the FERC by pros.
Appendix F, Schedule 3, Section 6.1(b), of the ISO Tariff describes the annual TRBAA
calculation as "a dollar amount based on the projected Transmission Revenue Credits as adjusted
for the true up of the prior year's difference between projected and actual credits."
The attached rRBAA Report supports the establishment of a new TRBAA based on the
requirements of the TO Tariff and the ISO Tariff.
Fiscal Impact
There is no known fiscal impact.
Attachment(s)
l. City of Vemon Notice of Public Hearing to establish New Transmission Revenue
Balancing Account Adjustment
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OE THE CITY COUNCIL OE THE CITY OE
VERNON ESTABLISHING A TRANSMISSION REVENUE
BALANCING ACCOUNT ADJUSTMENT EOR 2016 IN ACCORDANCE
WITH VERNON' S TRANSMISSION OWNER TARTEE AND
PROVIDING EOR TARIEE SHEET CHANGES TO IMPLEMENT THE
ADJU STMENT
WHEREAS, the City of Vernon (..City,,) is a chartered municipal
corporation of the state of California that owns and operates a system
for the generation, purchase, transmission, distributi-on and sale of
electric capacity and energy; and
WHEREAS, the City is a participating Transmission Owner
(*PTO") with the California Independent System Operator Co.rporation,
a California nonprofit pubfic benefit corporation (.'CAISO.,) ,. and
WHEREAS, the CAISO requires a pTO to turn over operational
control of its transmlssion facilities and ent.itlements to the CAISO;
and
WHEREAS, in return, the CAISO collects revenues for each pTO
pursuant to cafculatlons that ref.lect the expenses and capltal costs
incurred by each PTO to provide transmission services,. and
WHEREAS, the refationship between pTOs and CAISO is governed
by a Transmission Control Agreement (*TCA,,) which sets forth the
specific duties and obligations of all pTOs including the filing of a
Transmission Owner Tariff ("TO Tariff,,) with the Eederal Energy
Regulatory Commission ("EERC") ; and
WHEREAS, in order to ensure that al1 Transmission Revenue
credits are ffowed through to cArso's open access transmission tariff
(*CAISO Tariff") customers, the City annually updates its Transmission
Revenue Balancing Account Adjustment (',TRBAA") by a dollar amount
reflecting the proposed Transmisslon Revenue credits adjusted for
difference between projected and actual credits from the prior year;
and
WHEREAS, a Notice of public Hearing was published on October
L, 2075, notifying al-l interested parties that a hearing to consider
evidence to estabfish the city's new TRBAA for 2016 was scheduled for
October 20, 20L5, at approximately 9 a.m., subject to the hearlng being
continued or adjourned to a stated time and place without further
notice of public hearing; and
WHEREAS, a Public Hearing was held on October 20, 2015, in
whi-ch the city council took evidence from staff and those other persons
in attendance who wished to be heard on the establishment of the city, s
new TRBAA,' and
WHEREAS, the Gas & Electric Department has prepared a
Report, with exhibits, dated on or about October 20, 2Ol5 (..Report,,),
which determines the new TRBAA for 2076 to be consistent with the TO
Tariff and supports the TRBAA and the changes to Appendix I of the TO
Tariff to implement the new TRBAA effective January 1, 20i6; and
WHEREAS, the Gas & Electric Department has recommended that
the TRBAA and Appendix r to the To rariff implementing the new TRBAA be
approved; and
WHEREAS, the City Council has heard and considered af1
evidence, both written and ora1, presented in consideration of the
establishment of the City, s new TRBAA and revised Appendix I to the TO
Tariff implementing the new TRBAA.
NOW, THEREEORE, BE fT RESOLVED BY THE CITY COUNCIL OE THE
CITY OE VERNON AS EOLI,OWS:
City Councif of the City of Vernon herebySECTION 1: The
-2-
finds and determines that
SECTION 2: The
that this action is exempt
Act (CEQA) , in accordance
that CEQA only applies to
environment.
the above recitals are true and correct.
City Councif of the City of Vernon finds
under the California Environmental euality
with Section 15061 (b) (3), the general rule
projects that may have an effect on the
SECTION 3: The City Council of the City of Vernon hereby
further finds and determines that afr persons have had the opportunity to
be heard or to file written comments to the proposed establishment of the
city's new TRBAA and amended Appendix r to the To rariff implementing the
new TRBAA, and, after due consideration of any and afl evidence submitted
at the public hearing, determines that there are compelling reasons to
justify the estabfishment of the city's new TRBAA for 2016 and an amended
Appendlx I to the TO Tariff implementing the new TRBAA for 2015, a copy
of which is attached hereto as Exhibit A and made a part hereof.
SECTfON 4: The City Council of the City of Vernon hereby
approves, pursuant to the TO Tariff and to be effective on January l,
20L6, tLte estabfishment of the City, s new TRBAA for 2aL6 and revised
Appendix I to the TO Tariff lmplementing the new TRBAA for 2016, as
described in the Report, a copy of which is attached hereto as Exhibit
B and made a part hereof.
SECTION 5: The City Council of the City of Vernon hereby
authorizes outslde counsel to submit the City,s new TRBAA for 2016, the
revlsed Appendix I to the TO Tariff, and supporting documentation, such
as the Report and this City Councif Resofution, to FERC on behalf of
the City of Vernon.
-3-
SECTTON 6:The City CLerk, or Deputy CiEy Clerk, of the
Cit.y of Vernon shall certify to the passage, approval and adopt ion of
thls resolution, arld the City Clerk, or DepuE.y City Clerk, of Ehe City
of Vernon shall cause this resolut.ion and the City Clerk, s, or Deputy
City C]erk's, certificat.ion t.o be entered in t.he FiIe of resoluEions of
Lhe Council of this City.
APPROVED AND ADOPTED this 2Och day of October, 2015
Name:
Title:Mayor
A1 II15I:
City Clerk / Oepucy City Clerk
APPROVED AS TO FORM:
Spiegel & McDiarmid, LLP
Special Counsel to City
4
STATE OE CALIFORN]A
COUNTY OE LOS ANGELES
I,, City Clerk / Deputy City Clerk of the Cj-ty
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. _, was duf y passed, approved and adopted by the
City Councif of the City of Vernon at a regufar meeting of the City
Council duly held on Tuesday, October 20, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this _ day of October, 2015, at Vernon, California.
City Clerk / Deputy City Clerk
( SEAL )
APPENDIX I rRe+ise+r
Transmission Revenue Requirement and TRBAA
The vemon Base Transmission Revenue Requirement is $2f+4r9042g3p{ and is comprised
of the following components:
Base TRR costs not subject to ETC Adjustment Clause: $499,4g0
ETC Adjustment Clause:
Forecast SCE ETC Costs: $j-sS9=r2€2.575.200
Balance of Difference between prior year
Forecast and Actual SCE ETC Costs: ($+6+J099ijl1)
Interest on Difference between prior year
Forecast and Actual SCE ETC Costs: ($69{,15.262+)
The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year,
plus the true-up (positive or negative) ofthe prior October through September SCE ETC
Cost with interest calculated pursuant to 18 C.F.R. $ 35.19a. The ETC Adjustment
Clause will be recalculated annually and filed with the Commission with a proposed
effective date of January 1 of each year.
The TRBAA is a positive S+2r158{!1 for calendar year 20156.
Vemon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission
Access Charge is 1,181,728 MWhs.
All of Vemon's transmission facilities and Entitlements placed under the ISO's Operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the
Vemon City Cormcil, and provided to the ISO.
APPENDIX I
Transmission Revenue Requirement and TRBAA
The Vemon Base Transmission Revenue Requirement is $2,973,047 and is comprised of the
following components:
Base TRR costs not subject to ETC Adjustment Clause: $498,480
ETC Adjustment Clause:
Forecast SCE ETC Costs: fi2,575,200
Balance of Difference between prior year
Forecast and Actual SCE ETC Costs: ($95,371)
Interest on Difference between prior year
Forecast and Actual SCE ETC Costs: ($5,262)
The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year,
plus the true-up (positive or negative) ofthe prior October through September SCE ETC
Cost with interest calculated pursuant to 18 C.F.R. $ 35.19a. The ETC Adjustrnent
Clause will be recalculated annually and filed with the Commission with a proposed
effective date of January 1 of each year.
The TRBAA is a positive $411 for calendar year 2016.
Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission
Access Charge is 1,1 81 ,728 MWhs.
All of Vemon's transmission facilities aad Entitlements placed under the ISO's Operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the
Vemon City Council, and provided to the ISO.
EXHIBIT - B
CIry OF VERNON GAS & ELECTRIC DEPARTMENT
REPORT REGARDING THE ESTABLSHMENT OF A NEW
TRANSMISSION REVENUE BALANClNG ACCOUNT ADJUSTMENT
FOR CALENDAR YEAR 20.I6
October 20,2015
The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a
Participating Transmission Owner ("PTO") in the California lndependent System
Operator Corporation ("lSO"). To particlpate in the lSO, PTOs are required to turn
over administrative control of their transmission facilities and entitlements to the lSO.
ln return, the ISO collects revenues for each PTO pursuant to calculations that
reflect the expenses and capital costs incurred by each PTO to provide transmission
services-
The relationship between PTOs and the ISO is governed by a Transmission Control
Agreement ('TCA'), which sets forth the specific duties and obligations of all PTOs.
The TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff') with the
Federal Energy Regulatory Commission ("FERC).
Pursuant to Section 5.2 of the TO Tariff, Vernon updates its Transmission Revenue
Balancing Account Adjustment ('TRBAA') annually. The TRBAA is a tariff
mechanism designed to ensure that all Transmission Revenue Credits ("TRCs") are
flowed through to ISO open access transmission tariff ("lSO Tariff') customers via
annual update filings at the FERC by PTOs. Appendix F, Schedule 3, Section
6.1(b), of the ISO Tariff describes the annual TRBAA calculation as "a dollar amount
based on the projected Transmission Revenue Credits as adjusted for the true up of
the prior year's difference between projected and actual credits." This Report
supports the establishment of a new TRBAA based on the requirements of the TO
Tariff and the ISO Tariff.
SUMMARY
Section 5.2 of the Vernon TO Tariff identifies the items to be reflected in the TRBAA
TRBAA Report 2016
Page 2 of5
and sets forth the procedure for revising the Transmission Revenue Balancing
Account ('TRBA) on an annual basis, as follows:
5.2 Transmission Revenue Balancing Account Adjustment
The Participating TO shall maintain a TRBA that will ensure that all
Transmission Revenue Credits and the refunds, specified in Sections 6
and 8 of Appendix F, Schedule 3 of the ISO Tariff, flow through to
transmission customers.
TheTRBAAshall be equal to: TRBAA = TRCr + TRCI+ l.
TRCI = The balance representing the prior period difference between
the projected Transmission Revenue Credits and the actual credits.
TRCr = The forecast of Transmission Revenue Credits for the
following calendar year.
| = The interest balance for the TRBA, which shall be calculated using
the interest rate pursuant to Section 35.19(a) of FERC's regulations
underthe Federal PowerAct (18 C.F.R. S 35.19(a)). Interest shall be
calculated based on the average TRBA principal balance each month,
compounded quarterly.
Transmission Revenue Credits ("TRCs") are defined in Section 3.12 of the current
Vernon TO Tariff as follows:
3.12 Transmission Revenue Credit: The sum of all revenues received by
the Participating TO from the ISO for Wheeling service.
The TRBAA is based on the balance in the TRBA as of September 30 of the current
year and a forecast of the TRCs expected to be received in the following year. A
summary of the elements of the Vernon TRBAA proposed to be effective January 1,
2016 is shown in Exhibit 1. lt shows that the balance in the Vernon TRBA as of
TRBAA Report 2016
Page 3 of 5
September 30, 2015, which reflects services rendered through June 30, 2015, is a
debit of $1,446, including interest. TRCs are projected to be a credit of $1,035.
Taken together, these items sum up to a TRBAA to be effective for the twelve
months starting January 1, 2016 of a debit, or positive, balance of $41 1 .
All of the Vernon transmission entitlements that are reflected in Vernon's
transmission rates and the TRBAA are high voltage facilities. Therefore, there is no
need to allocate TRCs or other TRBAA components between high voltage and low
voltage rates.
CALCULATION OF THE NEW TRBAA
The TRBAA is equal to the sum of: TRCr + TRCI + l.
The balance in the TRBA of a debit of $1,446 as of September 30, 2015 represents
the sum of the TRCI and the I components.
The TRCI Component of Vernon's TRBAA
TRCI represents a balance that reflects the difference for the prior period between
the projected TRCs and the actual credits. The prior period in this case is the
twelve-month period starting October 1,2014 and ending September 30, 2015.
A summary of the determination of the September 30, 2015 balance in the Vemon
TRBA is shown in Exhibit 2. The TRCI component reflects 1) the previously
projected 2014 TRCS for Vernon of $13,331 or $'l ,1 10.92 per month, for the months
October through December 2014, and 2) projected 2015 TRCs of $12,458 or
$1 ,038.1 7 per month, for the months January through September 201 S-both
elements as reflected on Line No. 10 of Exhibit 2. Adjustments for actual payable
TRCs reflecting high voltage wheeling revenues payable to the TO (i.e., Vernon) are
reflected in Line '11 of Exhibit 2 and produce the under (over) collection figures for
the monthly payable TRC balances reflected in Line 14 of Exhibit 2. The monthly
balances are carried forward from month to month in Line 14 of Exhibit 2. lnterest is
calculated monthly (the I component) on the average monthly balance and is
compounded quarterly into the monthly payable TRC balances pursuant to Section
TRBAA Report 2016
Page 4 of 5
5.2 of the Vernon TO Tariff. The interest calculation for payable TRC balances is
shown in Lines 16-20 of Exhibit 2. The TRBA balance on September 30, 201 5 is
shown in Line 25 of Exhibit 2.
The I (lnterest) Component of Vernon's TRBAA
As discussed above, the I component reflects interest on payable balances and on
payments for prior year TRCs. As provided in Section 5.2 of Vernon's TO Tariff,
monthly interest carrying costs are calculated using the 18 C.F.R. S 35.19(a) interest
rates and calculation method. These interest rates are published by FERC and
reflect the prime rate values published in the Federal Reserve Bank's "Selected
lnterest Rates."
The calculation of interest is reflected in Exhibit 2 and is included as an integral part
of the calculation of the TRBA balance on September 30, 2015. lt is not reflected as
a separate line item in Exhibit 1.
The TRCr Component of Vernon's TRBAA
The TRCr component of Vernon's TRBAA stands for the forecast of TRCs for the
following calendar year, in this case 2016. These forecast TRCs reflect projected
wheeling revenues.
Wheeling revenues, which correspond to ISO Charge Type 384, are projected to be
a credlt of $1,034.60, as shown in Exhibit 3.
These projections are based on the accruals for services provided during the twelve-
month period ending June 30, 2015, which are reflected in the ISO's invoices to
Vernon through September 30,2015. A summary of the monthly accruals for the
twelve months ending September 30, 2015 is shown in Exhibit 4.
TRBAA Report 2016
Page 5 of5
REGOMMENDATIONS
1. Approve the newly calculated TRBAA of a positive $41 1,
2. Approve replacing the existing TRBAA of positive $12,458 with the new
TRBAA for 2016 of a positive 9411.
3. Approve the attached revised Appendix I of Vernon's TO Tariff reflecting the
TRBAA of positive $41 1.
4. Authorize outside counsel to submit Vernon's TRBAA and supporting
documentation, such as this Report and the City Council Resolution
approving the new TRBAA to FERC.
EXHIBIT - L
TRBAA Report 2016
Exhibit I
CIry OF VERNON
TRANSMISSION REVENUE BALANCING ACCOUNT ADJUSTMENT (TRBAA)
CALENDAR YEAR 2016
DESCRIPTION TOTAL
Balance in TRBA on September 30, 2015 $1 ,2146
including interest
Forecast Transmission Revenue Credits ($1 ,035)
$411
Source:
Line 9 Exhibit 2, Column N, Line No.25.
Line 12 Exhibit 3, Column E, Line No.23.
TRBAA
EXHIBIT - 2
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EXHIB!T I 3
TRBAA Report 2016
Exhibit 3
CITY OF VERNON
FORECAST TRANSMISSION CREDITS
for Calendar Year 2016 TRBAA
MONTH
January-16
February-16
March-'16
April-16
May-16
June-16
July-16
August-16
September-16
October-16
November-16
December-16
Total
Wheelinq
($86 22)
($86.22)
($86.22)
($86.22)
($86 22)
($86.22)
($86 22)
($86 22)
($86.22)
($86.22)
($86.22)
($86 22)
Total
($86.22)
($86 22)
($86 22)
($86.22)
($86.22)
($86 22)
($86 22)
($86 22)
($86.22)
($86.22)
($86 22)
($86.22)
($1,034.60)($1,034.60)
EXHIBIT - 4
TRBAA Repoft 2016
Exhibit 4
Vemon Historical Transmission Credits
for Calendar Year 2016 TRBAA
Wheeling Revenues
ISO INVOICEMonth CT 384
Final Adjustments
July-14 (570.83) $
August-14 i.575.72].
September-'14 (548.74)
october-14 152.24],
November-'l4 (53.91)
December-l4 s28.77].
January-15 (566.34)
February-1s (526.70)
March-15 (580.72)
April-15 (s11s.s4)
May-1s (5309.60)
June-15 (5142.81)
(u7e) ($105.63)
($4 96) ($80 68)
$9 21 ($39 53)
$16 61 $14.37
$2 60 ($1.32)
$3.20 ($25 57)
($5.37) ($7171]-
$226 ($24.44)
$0.00 ($80.72)
($20 95) ($136.49)
($32.s5) ($342.15)
$2 08 (5140.73)
(s1 034 60)
City of Vernon
NOTICE OF TWO SEPARATE PUBLIC HEARINGS
The city Council ofthe City of vernon wi conduct two pubric hearings, which you may attend.
PLACE:
4305 Santa Fe Avenue
Vernon, CA 90058
(323) s83_8811
Vemon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Tuesday, October 20, 2015 at 9:00 a.m.
(or as soon thereafter as the matter can be heard)
(1) To consider evidence to establish Vernon's new Transmission Revenue
Balancing Account Adjustment for its high voltage (over 200 kV)
transmission entitlements (all located outside the City) pursuant to Vernon,sTransmission Owner Tariff, and (2) To consider evijence to establish
Vernon's new Existing Transmission Contract Adjustment for its high
voltage (over 200 kV) transmission entitlements (ail locaaed outside the City)pursuant to Vernon's Transmission Owner Tariff.
All panies are invited to be present and to submit statements orally or in writing
before or during the applicable public hearing
DATE &
TIME:
SUBJECTS:
REQUEST;
REVIEW OF
THE FILE:
PROPOSED
CEQA
FINDING:
Subject documents are available for inspection by the public at
Vemon City Hall, City Clerk Department, 4305 Santa Fe Avenue, Vemon,
Califomia 90058, Monday through Thursday, 7:00 a.m. to 5:30 p.m. and on theCity's website at: enr
meetings/citv-counciI
Staffplans to recommend that the Vemon City Council determine
that the proposals wirr not have a significant effect on the environment and
are exempt from the Califomia Environmenral euality Act (CEeA)
Ifyou desire to cha enge the actions taken by the City councir or any portion thereof in coun,you may be limited to raising only those issues you or someone erse raised at the applicabre hearingsdescribed in this notice or in written correspondence derivered to the city ofvemon during, or before, thehearings.
- The hearings may be continued or adjoumed or cancelled and rescheduled to a stated time andplace without further official notice ofthe public hearings.
andino, Jr., Director ofV
Dated:
RECEIVED
RECEIVED
F REPORT CITYA!
LECTRIC DEPARTMENT
ocl I 3 20,5
TO:
FROM:
RE:
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Abraham Alemu, Electric Resource planning & Develc
Honorable Mayor and City Council
with Vernon's High Voltage Entitlements (..TRR Report")
Recommendation
A. Find that the establishment of a new Transmission Revenue Requirement (TRR)
associated with vemon's high voltage entitlements is exempt under the califomia
Environmental Quality Act (cEeA) in accordance with Section 15061(bX3), the general
rule that GEQA only applies to projects thar may have an effect on the environment; and
B. Conduct a Public Hearing; and
c. Approve the aftached Resolution, pursuant to the Transmission owner Tariff, to be
effective on January 1, 2016, for the establishment of the city's new TRR Transmission
Revenue Requirement (TRR) and Appendix I to the To rariff implementing the new
TRR, as described in the Gas & Electric TRR Report dated on or about october 20, 20t5;
and
D. Authorize outside counsel to submit the city's TRR, the amended Appendix I to thevemon To rariff, and supporting documentation such as the TRR Report, to the Federal
Energy Regulatory Commission (FERC) on behalf of the City of Vemon.
Background
The city of vemon ("vemon" or "city") is a Scheduling coordinator and a participating
Transmission owner ("PTo"l in the califo ria Independint system operator corporation("ISO'). To participate in the ISo, PTos are required to tum over administrative control of theirtransmission facilities and entitlements to the ISO. In return, the ISO collects revenues for eachPTo pursuant to calculations that reflect the expenses and capital costs incurred by each p.r.o to
October 20, 2015
Page 1 of2
provide transmission services.
Requirements ("TRRs").
These calculations are known as Transmission Revenue
The relationship between PTos and the ISO is govemed by a Transmission Control Agreement
$9ef, which sets forth specific duries and obligations of all pros. The TCA re{uires allPTos to file a Transmission oumer Taritr ("To rariff') and rRR with the Federi Energy
Regulatory commission C'FERC'). The TCA further requires all pros to file any changes in
their TRRs with FERC. Each PTO must also include in iis TO Tariff its Gross Load which theISo uses to calculate its grid-wide Transmission Access charge (..TAc') rates, and which is
related to the City's ability to recover its full TRR.
TRANSMISSION REYENUE REQUIREMENT
At present, the City's high voltage transmission assets consist of three long-term contracts
(known as "existing transmission contracts" or "ETCs") which provide the city with dedicated
access to high voltage transmission facilities owned by other entities. Specifically, the City has
contractual entitlements to utilize transmission assets pursuant to one long-term transmission
contract with the Los Angeles Department of water and power ("LADwp,'i and two long-term
transmission contracts with Southem califomia Edison ("SCE"). The ETCs with SCE consist of
one (the "SCE victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360) providing
1 1
.
MW of transmission capacity along the path between the Victorville-Lugo midpoint and the
point of interconnection with the city's intemal transmission system lthe ..City Ga-te,,), and one
(the "SCE Mead ETC" described in SCE's FERC Rare Schedule 207) providing 26 MW of
transmission capacity along the path between the Mead 230 substation and ihe city Gate.
The costs of these ETCs make up the majority of the costs recovered through the city's TRR.
Until recently, for each of the ETCs, the City paid the owner ofthe transmission facilities a fixed
rate which was specific to the transmission path provided under each ETC.
The attached TRR Report supports the establishment ofa new transmission revenue requirement
associated with Vemon's high voltage entitlements.
Fiscal Impact
The cost of Existing Transmission Service contracts (ETC) incuned by the City will be
recovered.
Attachment(s)
1. city of vemon Notice of Public Hearing to establish New Transmission Revenue
Requirement
Page 2 of 2
RESOLUTTON NO.
A RESOLUT]ON OF THE CITY COUNCIL OE THE CITY OE
VERNON ADOPTING A NEVO TRANSMISSION REVENUE
REQUIREMENT EOR 2016 IN ACCORDANCE W]TH VERNON' S
TRANSMISSION OWNER TARIEF AND PROV]DING EOR TARIEF
SHEET CHANGES TO IMPLEMENT THE ADJUSTMENT
WHEREAS, the city of vernon ("city") is a chartered municipat
corporation of the state of california that owns and operates a system
for the generation, purchase, transmission, distribution and sare of
efectric capacity and energy; and
WHEREAS, the City is a participatinq Transmission Owner
('PTo") with the california rndependent system operator corporation
("ISO"), and the Federaf Energy Regufatory Commission ('.EERC,,) has
approved its existing Transmission Owner Tariff (..TO Tariff,,); and
WHEREAS, the ISO reimburses the City according to the City, s
current rransmission Revenue Requirement ('.TRR-) in return for the city
turning ove.r to the ISO the operation and control of the City, s
transmission entitlements,. and
WHEREAS, each pTO must include in its TO Tariff its Gross
Load, which the rso uses to cafculate its grid-wide Transmission Access
Charge ('TAC") rates, and which is related to the City, s ability to
.recover its fulf TRR; and
WHEREAS, the city's transmission entitlements incfude rights
under certain contracts (each an "ETC") includrng (i) an agreement with
the city of Los Angefes Department of water and power entitfed ..Los
Angel-es-vernon Adefanto-victorville-Lugo Eirm Transmission service
Agreement" (the "LAWDP ETC,') ; (ii) an agreement with Southern
carifornia Edison company (*scE-) entitred "Amended and Restated
Edison-vernon victorville-Lugo Ei-rm Transmissi-on service Agreement,,
(the "SCE Victorvil le-Lugo ETC,,) ,. and (iii) an agreement with SCE
entitled "Amended and Restated Edison-vernon Mead Eirm Transmisslon
Services Agreement" (the "SCE Mead ETC,,); and
WHEREAS, the City, s costs under the LADWP ETC, the SCE
victorvifle-Lugo ETC, and the scE Mead ETC have traditionafly been
based upon a negotiated fixed '.path-speci f ic,, rate charged by LADWp or
scE, based on the actual costs of the specific transmission lines made
available under each ETC, multiplied by the amount of transmission
capaclty guaranteed to the City under each ETC; and
WHEREAS, on August 7, 2008, SCE fited a petition with FERC
seeking to amend the priclng structure under the scE vi ctorville-Lugo
ETC and the scE Mead ETC to repface the negotiated path-specific rates
set forth in those ETCs with a "postage-stamp" rate which reflects the
blended rate SCE charges to the ISO for the actual usage of aIl of
SCE's transmission lines by customers of the fSO; and
ItIHEREAS, the postage-stamp rate h/hich SCE charges to the ISO
is derived from SCE's TRR and, therefore, will change each time SCE
amends its TRR; and
WHEREAS, on Septerlber 30, 2009, FERC accepted, subject to
refund. and hearing and settlement procedures, scE,s proposed revisions
under the SCE Victorvi l le-Lugo ETC and the scE Mead ETC to replace the
negotiated path-specific rates set forth in those ETCs with a postage-
stamp rate, and thus the city's costs under the scE victorvi 11e -Lugo
ETC and the scE Mead ETC wirl vary proportionately with any changes in
SCE's TRR; and
WHEREAS, the City reached a settfement agreement (the ,,SCE
settfement") with scE to amend the scE victorvill e-Lugo ETC and the scE
-2-
Mead ETC to replace the path-specific rates set forth 1n those ETC'
with scE's postage-stamp rate after a phase-in period that began on
August 7, 2009, during which the City, s path-specific rates in those
ETCS are gradually stepped-up over three years (the .'phase-rn Rates,,)
until the path-specific rates are equal to scE,s postage-stamp rate as
of January 1, 2013; and
WHEREAS, under the SCE Settlement, the City, s costs for the
SCE Victorvil le-Lugo ETC and the SCE Mead ETC are equal to (i) from
August L, 2009, until December 31, 2012, the phase-In Rates, and
beginning on January l, 20L3, the SCE postage-stamp rate/ in each case
multiplied by (ii) the amount of transmission capacity guaranteed to
the City under each ETC; and
WHEREAS, EERC approved the SCE Settlement pursuant to an
order issued Septerber LL, 2009, l2B EERC L 6l,23j (2OOg\, in EERC
Docket Nos. ERO8-1343-000, ERO8-1353-000, ERO9-187-000, ERO9-187-001,
ELO9-19-000, and ERO9-446-000 (..SCE Settlement Order,,); and
WHEREAS, on behalf of the City, the Brattle croup, an
experienced utilities consulting firm, developed a tracking mechanism
for the City's TRR ("TRR Tracklng Mechanlsm,,) to aflow the City, s TRR
to be adjusted annualfy, effective January 1 of each year, to reflect
changes in the city's costs under the scE victorvi rle -Lugo ETC and the
SCE Mead ETC that change as a resuft of (i) the stepped-up rates
implemented bet\^reen August L, 2OO9 and December 3L, 2Ol2; or (ii) any
change in SCE's TRR on or after January 1, 2013,. and
WHEREAS, on the basis of The Brattfe Group, s analysis and
evidence from city staff, which was considered during a pubric meeting
of the City Council hefd on July 13, 2OOg, the City, on July j.5, 2OO9
("Ju1y 15 EERC Eilinq"), fired with EERC proposed revisions to its To
-3-
Tariff propos.ing stated rRRs for each of the years 2010 to 2012, which
dollar amounts were also incfuded in the scE settlement (..To rariff
Revisions"); and
WHEREAS, rhe City also submitted in the July 15 EERC Eiling a
request to utilize an "ETC Adjustment Clause" to adjust automatically
each year the costs the City incurs attributabfe to any chanqes in
scE's TRR associated with scE's High vol-tage Existing contracts Access
Charge ("HVECAC") ratei and
WHEREAS, EERC approved the City, s request to utilize an ETC
Adjustment Cfause to reflect annual projected changes to SCE,s TRR, in
an order issued September 77, 2009, 128 EERC !.6l ,235 l2OOg\, in EERC
Docket No- ELO9-64-000 ("TO Tariff Order,,); and
WHEREAS, under the TO Tariff Order, the City,s TO Tarrff
revisions went into effect on August L, 2OO9; and
WHEREAS, on January 6 2015, the City approved revisions to
the template used to cafculate the annual ETC Adjustment Cfause; and
WHEREAS, on April g, 20\5, EERC approved the City,s 2015
filing with EERC reflecting mociifications to the base TRR as calcufated
using the revised ETC Adjustment Clause template; and
WHEREAS, the City is required under the TO Tariff Order to
submit annual filings with EERC reflecting modifications to the base
TRR,'and
WHEREAS, a Notlce of public Hearing was published on October
L, 20L5, notifying al1 interested parties that a hearing to consider
evidence to establish the city, s new TRR was schedufed for october 20,
20L5, at approximately 9:00 a.m., subject to the hearing being
continued or adjourned to a stated time and place without further
notice of public hearlng; and
-4-
WHEREAS, on October 20, 2075, the City Councif hefd a public
Hearing in which the city councif took evidence from staff and those
other persons in attendance who wished to be heard on the cafculati-on
of the City's new TRR under the City, s amended TO Tarlff, and
WHEREAS, the TRR for 20L6 is shown in the amended Appendix I
to the To rariff, a copy of which is attached hereto as Exhlbit A and
made a part hereof; and
WHEREAS, the Gas & Electric Department has prepared a Report,
dated October 20,2015, wlth exhibits, a copy of which is attached
hereto as Exhiblt B and made a part hereof, which reiterates its
previous conclusions that the TRR and ETC Adjustment clause mechanism
developed by The Brattre Group, approved by EERC under the amended To
Tariff, and revised 1n 2015 are reasonable and which cafcufates the
amount derived under the ETC Adjustment Cfause for 2016; and
WHEREAS, the Gas & Electrj-c Department has recommended the
city adopt the TRR shown in the amended Appendix r to the To rariff,
attached as Exhibit A, to be effective on January T, 201,6; and,
WHEREAS, the City Council has heard and considered all
evidence, written and oral, presented in consideration of the
estabfishment of the city's new TRR under the amended To rariff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OE THE
CITY OE VERNON AS EOLLOWS:
SECTION 1: The City Counclf of the City of Vernon hereby
the above recitafs are true and correct.
City Council of the Ci-ty of Vernon finds
under the California Environmentaf euafity
wj-th Section 15061(b) (3), the generaf rule
projects that may have an effect on the
finds and determines that
SECTION 2: The
that this
Act (CEQA)
that CEQA
action is exempt
, in accordance
only applies to
environment.
SECTION 3: The City Counclf of the City of Vernon hereby
further finds and determines that all, persons have had the opportunity
to be heard or to fife written comments to the proposed adoption of the
City's TRR, and after due consideration of any and aff evidence
submitted at the pubric Hearing, determines there are compelling
reasons to justify the adoption of the city's TRR and cross Load, to be
effective January 7, 2016.
SECTION 4: The City Council of the City of Vernon hereby
declares that:
(a) any determlnation made pursuant to this Resofution
regarding the vafidity or reasonabfeness of any portion of any TRR or
TO Tariff shall apply onty prospectively from the date of this
Resofutioni and
(b) in no way shalf this Resofution affect the City
counci.r's adoption or determination of any previous TRR or To rariff.
SECTION 5: The City Councif of the City of Vernon hereby
approves, pursuant to the To rariff and to be effective on January 1,
2016, the establishment of the City's new TRR and Appendix r to the To
Tariff implementing the new TRR, as described in the Gas & Erectric
Repo.rt dated October 20, 2015.
SECTION 6: The City Council of the City of Vernon hereby
authorizes outside counsel to submit the City, s TRR, the amended
Appendix r to the vernon To rariff, and supportlng documentation, such
as the Report, and this city councir Resolutlon approvlng the new TRR,
to EERC on behalf of the City of Vernon.
-6-
SECTION 7: The CiEy Cterk, or Deputy City Clerk, of the
city of vernon shalI certify Eo the passag'e, approval and adoption of
thi-s resolution, and E.he CiEy C]erk, or Deputy City Cterk, of E.he CiEy
of Vernon shall cause t.hi-s resolution and Ehe City C1erk, s, or DepuEy
city clerk's, certificat.ion to be ent.ered in the File of resolut.ions of
t.he Counci] of Ehis City.
APPROVED AND ADOPTED this 2OEh day of Oct.ober, 2015.
Name :
Title: Mayor
ATTEST:
Cj-ty Clerk /DepuEy City Clerk
APPROVED AS TO FORM:
W,rlr zKatharine Mapes, Esq.
Spiegel & McDiarmid, LLp
Special Counsel to Cit.y
7
STATE OE CALIEORNIA )
) ss
COUNTY OE LOS ANGELES )
t,, City Cferk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resofution, being
Resolution No. , was duly passed, approved and adopted by the
City council of the city of vernon at a regurar meeting of the city
Counclf duly held on october 20, 2015, and thereafter was duly slgned
by the Mayor or Mayor pro-Tem of the City of Vernon,
Executed this _ day of October, 2015, at Vernon, Californla.
City Clerk / Deputy City Clerk
( SEAL )
-8-
APPENDIX I (Revised)
Transmission Revenue Requirement and TRBAA
The vemon Base Transmission Revenue Requirement is $2,3+{p+7a2z3J!47 and is comprised
of the following components:
Base TRR costs not subject to ETC Adjustment Clause:
ETC Adjustment Clause:
Forecast SCE ETC Coss:
$498,480
$+J8He2jlt200
Balance of Difference between prior year
Forecast and Actual SCE ETC Cosrs: ($+S*O+95;71y
Interest on Difference between prior year
Forecast and Actual SCE ETC Costs: ($#+.1i262?)
The ETC Adjustment clause is: The projected scE ETC cost for the nexr calendar year,
plus the true-up (positive or negative) ofthe prior october through September scE ETC
Cost with interest calculated pursuant to lg C.F.R. $ 35.19a. The ETC Adjustment
clause will be recalculated annually and filed with the commission with a proposed
effective date of January I ofeach year.
The TRBAA is a positive $+ryll for calendar year 2015!.
vemon's Gross Load, consistent with its TRR, used by the ISo to develop the Transmission
Access Charge is 1,181,728 MWhs.
All of vemon's transmission facilities and Entitlements placed under the ISo's operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISo rariff approved by the
Vemon City Council, and provided to the ISO.
APPENDIX I
Transmission Revenue Requirement and TRBAA
The Vemon Base Transmission Revenue Requirement is $2,973,047 and is comprised of the
following components:
Base TRR costs not subject to ETC Adjustment Clause:
ETC Adjustment Clause:
Forecast SCE ETC Costs:
$498.480
$2,575,200
Balance of Difference between prior year
Forecast and Actual SCE ETC Costs: ($95,371)
Interest on Diflerence between prior year
Forecast and Actual SCE ETC Costs:($s,262)
The ETC Adjustment clause is: The projected scE ETC cost for the next calendar year,
plus the true-up (positive or negative) of the prior october through September scE ETC
Cost with interest calculated pursuant to lg C.F.R. $ 35.19a. The ETC Adjustment
clause will be recalculated annually and filed with the commission with a proposed
effective date of January 1 ofeach year.
The TRBAA is a positive $41I for calendar year 2016.
vemon's Gross Load, consistent with its TRR, used by the ISo to develop the Transmission
Access Charge is 1,181 ,728 MWhs.
All of vemon's transmission facilities and Entitlements placed under the ISo's operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated arurually consistent with the ISo rariff approved by the
Vemon City Council, and provided to the ISO.
EXHIBIT - B
CITY OF VERNON GAS AND ELECTRIC
DEPARTMENT
REPORT REGARDING THE ESTABLISHMENT OF A REVISED NEW
TRANSMISSION REVENUE REQUIREMENT ASSOCIATED WITH VERNON'S
HIGH VOLTAGE ENTITLEMENTS
October 20,2015
The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a
Participating Transmission Owner ("PTO") in the California lndependent System
Operator Corporation ('lSO). To participate in the lSO, PTOs are required to turn
over administrative control of their transmission facilities and entitlements to the lSO.
ln return, the ISO collects revenues for each PTO pursuant to calculations that
reflect the expenses and capital costs incurred by each PTO to provide transmission
services. These calculations are known as Transmission Revenue Requirements
("TRRs").
The relationship between PTOs and the ISO is governed by a Transmission Control
Agreement ('TCA), which sets forth specific duties and obligations of all pTOs. The
TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff') and TRR with
the Federal Energy Regulatory Commission ("FERC"). The TCA further requires all
PTOs to file any changes in their TRRs with FERC. Each PTO must also include in
its TO Tariff its Gross Load which the ISO uses to calculate its grid-wide
Transmission Access Charge ("TAC) rates, and which is related to the City's ability
to recover its full TRR.
TRANSMISSION REVENUE REQUIREMENT
At present, the City's high voltage transmisslon assets consist of three long-term
contracts (known as "existing transmission contracts" or "ETCs") which provide the
city with dedicated access to high voltage transmission facilities owned by other
entities. Specifically, the city has contractual entitlements to utilize transmission
assets pursuant to one long-term transmission contract with the Los Angeles
Department of Water and Power ('LADWP) and two long-term transmission
contracts with Southern california Edison ("scE"). The ETCs with scE consist of
TRR Report 2016
Page 2 of 6
one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360)
providing 11 MW of transmission capacity along the path between the Victorville-
Lugo midpoint and the point of interconnection with the City's internal transmission
system (the'City Gate"), and one (the "SCE Mead ETC" described in SCE's FERC
Rate Schedule 207) providing 26 MW of transmission capacity along the path
between the Mead 230 substation and the City Gate.
The costs of these ETCs make up the majority of the costs recovered through the
City's TRR. Until recently, for each of the ETCs, the City paid the owner of the
transmission facilities a fixed rate which was specific to the transmission path
provided under each ETC.
On August 1,2008, SCE proposed to increase its TRR and associated rates in
FERC Docket No. ER08-1343-000. ln a related filing submitted in FERC Docket No.
ER08-1353-000, SCE proposed to transition both of its ETCs with Vernon from their
current, fixed "path-specific" rates to a so-called "postage stamp" rate methodology
which reflects the blended rate which SCE charges the ISO pursuant to its own
TRRs for the actual usage of all of SCE's transmission facilities by customers of the
ISO (the "HVECAC Rate"). The HVECAC Rate that SCE proposed in its TO Tariff is
derived from SCE's TRR and, therefore, will change each time SCE amends its
TRR.
On September 30, 2008, FERC accepted, subject to refund and hearing and
settlement procedures, SCE's proposed revisions to its TO Tariff to transition the
negotiated path-specific rates set forth in the SCE Victorville-Lugo ETC and the SCE
Mead ETC to the uniform HVECAC Rate, and thus the City's costs under those
ETCs will vary proportionately with any changes in SCE's TRR.
The City reached a settlement agreement (the "SCE Settlement") with SCE to
amend the SCE Victorville-Lugo ETC and the SCE Mead ETC to fully transition the
path-specific rates set forth in those ETCs to SCE's HVECAC Rate after a phase-in
period that began on August 1, 2009, during which the City's path-specific rates in
TRR Report 2016
Page 3 of 6
those ETCs have been gradually stepped-up under incrementally increasing fixed
rates (the "Phase-ln Rates") until the path-specific rates are equal to the HVECAC
Rate as ofJanuary 1,2013. FERC approved the SCE Settlement pursuantto an
order issued September 1 1 , 2009, 128 FERC Il61 , 237 (2009), in FERC Docket
Nos. ER08-1 343-000, ER08-1 353-000, ER09-1 87-000, ERO9-1 87-OOl, ELO9-1 9-
000, and ER09446-000 ("SCE Settlement Order").
On behalf of the City, The Braftle Group, an experienced utilities consulting firm,
developed a TRR tracking mechanism clause for the City,s TRR (,ETC Adjustment
Clause"), which allows the City's TRR to be adjusted annually, effective January 1 of
each year, to reflect changes in the city's transmission expenses associated with
any changes implemented by scE in the HVECAC Rate associated with the SCE
Victorville-Lugo ETC and the SCE Mead ETC.
on the basis of rhe Brattle Group's analysis and evidence from city staff, which was
considered during a public meeting of the City Council held on July 13, 2009, the
City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC the proposed (i)
revisions to its To rariff proposing the city's stated rRRs for each of the years 2010
to 2012, which dollar amounts were also included in the scE Setflement ("To rariff
Revisions") and (ii) the ETC Adjustment Clause kacking mechanism.
The July 15 FERC Filing acknowledged that, to the extent that the scE setflement
was accepted, because the stated phase-ln Rates would be fixed, the ETC
Adjustment Clause for the term of the phase-ln Rates would be zero.
FERC approved the city's Juty 15 FERC Filing, including the To rariff Revisions,
the city's proposed calculations of the TRR for years 201o to 2012, and the city,s
request to utilize an ETC Adjustment clause, in an order issued September 1 1,
2009' 128 FERC 11 61,235 (2009), in FERC Docket No. EL09-64-0oo ("To rariff
order"). The city is required under the To rariff order to submit annual filings each
year with FERC reflecting annuar modifications to the base TRR of the city.
TRR Report 2016
Page 4 of 6
ln January 2015, after the discovery of an accounting error in the template used to
calculate the ETC Adjustment Clause, the City approved revisions to the template
and submitted these revisions to FERC. On April 8,2015, FERC approved the
City's 2015 TRR filing as calculated using the revised ETC Adjustment Clause
template.
CALCULATION OF THE ETC ADJUSTMENT CLAUSE
Section 5.3 of the Vernon TO Tariff identifies the items to be reflected in the ETC
Adjustment. The ETC Adjustment Clause shall be calculated as:
ETC Adjustment = ETCCr+ ETCCr+ I.
ETCCr = The forecast of SCE ETC Cost for the following calendar year
ETCCI = The balance representing the prior period difference between the
projected cost ofthe SCE ETCs ('SCE ETC Cost") and the actual cost.
I = The interest balance for the ETC, which shall be calculated using the
interest rate pursuant to Section 35.19(a) of FERC's regulations under the
Federal Power Act (18 C.F R. 35.19(a)). lnterest shall be calculated based
on the average ETC true-up balance each month, compounded quarterly.
A summary of the elements of the Vernon ETC Adjustment Clause proposed to be
effective January 1,2016 is shown in Exhibit 1. The ETC Adjustment Clause to be
effective for the twelve months starting January 1,2016 is 92,474,567.
The ETCCr Component
The ETCCr component stands for the forecast of SCE ETC costs for the following
calendar year, in this case 2016. These forecast SCE ETC costs reflect 2016 rates
from Southern California Edison Company's draft FERC Filing, posted on its website
pursuant to its formula rate protocols (approved in FERC Docket No. ER11-3697).
Thatfiling is scheduled to be made at FERC, in its final form, on December 1,2015:
TRR Report 2016
Page 5 of 6
Vernon will true up any differences in its SCE ETC costs when it makes its 2017
TRR filing.
The ETCCr for 2016 SCE ETC costs are projected to be $2,575,200 as shown in
line 8 of Exhibit 1.
The ETCCI Component
ETCCI represents a balance that reflects the difference between prior year forecast
and actual SCE ETC costs. The prior period in this case is the twelve-month period
starting October 1,2014 and ending September 30,2015.
A summary of the determination of the September 30, 2015 balance in the ETC
Adjustment Clause is shown in Exhibit 1. The ETCCI component reflects 1) the
previously projected 2014 SCE ETC costs of $140,230 per month, for the months
October through December 2014 and projected 2015 SCE ETC costs of $165,760
per month, forthe months Januarythrough September 2015,2) actual 2014 SCE
ETC costs of $ 145,780 per month, for the months October through December 20'14
and $172,790 per month, for the months January through September 2015, and 3)
refunds received by the City-all elements as reflected on Line No. 8, '15, and 16 of
Exhibit 1 . The net of these elements produce the under (or over) collection figures
reflected in Line '17 of Exhibit 1 . The ending balance is the sum of the beginning
balance on October '1 and the (over)/under collection - both elements as reflected
on Line 1 and 17 of Exhibit 1. The cumulative monthly balances are carried forward
from month to month and the ETCCI component on September 30, 2015 of negative
$95,371 is shown in line 19 of Exhibit 1.
The I (lnterest) Component
The lnterest component reflects interest on the difference between prior year
forecast and actual SCE ETC costs. The monthly interest carrying costs are
calculated using the 18 C.F.R. S 35.19(a) interest rates and calculation method.
These interest rates are published by FERC and reflect the prime rate values
published in the Federal Reserve Bank's "Selected lnterest Rates."
TRR Report 2016
Page 6 of 6
lnterest is calculated monthly on the average cumulative monthly balance and is
compounded quarterly. The interest component is negative $5,262, as shown in
Lines 20-24 of Exhibit 1 .
RECOMMENDATIONS
1. Approve the establishment of the City's revised new TRR for 2016 and
revised Appendix I to the TO Tariff.
2. Authorize outside counsel to submit the City's TRR, ETC Adjustment Clause
amount, the revised Appendix I to the TO Tariff, and this City Council
Resolution approving the TRR and ETC Adjustment Clause amount to FERC
on behalf of the City of Vernon.
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4305 Santa Fe AYenue
Vernon, CA 90058
(323) s83-8E l l
NOTICE OF PUBLIC HEARING
The City Council ofthe City of Vernon will conduct a Public Hearing, which you may attend.
PLACE:Vemon City Hdl, City Council Chambers
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, October 20, 2015 at 9:00 a.m.
(or as soon thereafter as the matter can be heard)
Meridith Baer
Meridith Baer, on behalfof Three Angels Investment, LLC has requested a
variance from Section 26.4.1-8 (g) of the City Code, which mandates that no
lot (except in the C-l and C-2 Overlay Zones) shall be established for any use
unless the lot is at least one acre in size.
4E20 Everett Court, Vernon, CA 90058
DATE &
TIME:
APPLICANT:
REQUEST:
PROPOSED
CEQA
FINDING:
PROPERTY
INVOLYED:
REYIEW OF: The application, maps, and supporting information are available for
THE FILE: public review during normal business hours in the Vemon Public Works,
Water & Development Services Department, located at 4305 Santa Fe
Avenue, Vemon, CA 90058, between the hours of 7:15 a.m. and 5: l5 p.m.
Monday through Thursday.
Staffplans to recommend that the Vemon City Council determine that
the proposal will not have a significant effect on the environment and is
exempt from the Califomia Environmental Quality Act (CEQA). The
conditions imposed on the varialce are designed to protect the environment,
public health, safety and general welfare.
If you challenge the granting ofthe variance or any provisions thereof in court, you may be limited to
raising only those issues you or someone else raised at the hearing described in this notice or in
written correspondence delivered to the City of Vemon at, or prior to, the meeting. The hearing may
be continued or adjoumed or cancelled and rescheduled to a stated time and place without further
notice of a public hearing.
Dated: loloulz.-.,rs--------
'-------
City of Vernon
REGEIVED
Ocr I 5 2015
CIiY CLERK'S OFFICE
RECEIVED
ocT 0 8 20t5
CITY ADMINISIRATION
SERVICES
STAFF REPORT
PUBLIC WORKS, WATER & DEYELOPMENT
DEPARTMENT
DATE:
TO:
FROM:
October 20, 2015
Honorable Mayor and City Council
Samuel Kevin Wilson, Director of Public Works, Water
Services Department
Originator: Sergio Canales, Assistant Planner
and Development
RE Approval of a Variance Application for Meridith Baer located at 4t20
Everett Court
RECOMMENDATION
A. Find that approval of the variance proposed in this staff report is categorically exempt
from review under the califomia Environmental euality Act (cEeA) in accordance with
Class 5, Section 15305 of the CEQA Guidelines, "Minor Alterations in Land
Limitations," because the proposed lot line adjustment is a minor alteration in a land use
limitation in an area with an average slope of less than 20% that does not result in any
changes in land use or density. A Notice of Exemption will be prepared and filed with the
County Clerk; and
B. Adopt a resolution approving a variance from Section 26.4.1-8 (g) which mandates that
no lot (except in the C-l and C-2 Overlay Zones) shall be established for any use unless
the lot is at least one acre in size, subject to certain conditions, to Three Angels
Investment, LLC for the property located, at 4726 Everett Court.
c. Grant to Three Angels Investment, LLC a waiver from Section 28.2g (b) of the city code
that requires each lot to have a minimum frontage of 150 feet on a public street.
PROJECT
Meridith Baer, on behalf of rhree Angels Investment, LLC has requested a variance from
Section 26.4.1-8 (g) ofthe Comprehensive Zoning Ordinance.
Meridith Baer and rhree Angels Investment, LLC are proposing to a just the property
lines between their parcels. Meridith Baer owns two parcels. parcel one, known as 4gi0 iverett
-l-
court (Assessor Parcel No. 6304-025-008), is 1.12 acres in size (the "MB Everett court parcel,').
The second parcel owned by Meridith Baer is a private street known as Everett court and
consists of two parcels -- Assessor Parcel No.6304-025-007 and,6304-024-01 1 - and is 0.57
acres in size combined (the "MB Street Parcel"). Three Angels Investment, LLC owns the
property known as 4726 Everett court (Assessor Parcel No. 6304'.025-009) and is 0.55 acres in
size (the "3AI Parcel"). None of the aforementioned parcels are located in the C-l or C-2
Overlay Zones (as established by Sections 26.3.1-1,26.4.2 and,26.4.3 of the City Code).
The building on the 3AI Parcel is approximately 20,000 square feet in size and takes up
almost all ofthe land area of the parcel. The loading dock serving the 3AI Parcel is actually on
the MB Everett Court Parcel. Trucks accessing this dock and employees that work in the Three
Angels Investment, LLC building routinely park on the MB Everett Court Parcel. Meridith Baer
initiated litigation against Three Angels Investrnent, LLC over the use of the MB Everett Court
Parcel. As part ofa negotiated settlement, Three Angels Investment, LLC has agreed to purchase
a portion ofthe MB Everett court Parcel adjoining the 3AI parcel. This has triggered thi
submittal of a lot line adjustment application by Meridith Baer and rhree Algels Investment,
LLC for City of Vemon approval. See Exhibit A for a plan showing the lots before the lot line
adjustment and Exhibit B showing the lots after the lot line adjustment.
ITEED FORVARIAI\ICE
The 3AI Parcel is currently 0.55 acres in size. After the lot line adj ustment, the 3AI
Parcel will be 0.85 acres in size. section 26.a.1-s(g) of the City code requires all newly
established parcels to be a minimum ofone (1) acre in size. In addition, section 29.2g(b) of the
city Code requires all lots to have frontage ofat least one hundred fifty (150) feet on a public
street. The 3AI Parcel's only fiontage is a private street along Everett court. However, Section
28.8 ofthe City Code does permit the City Council to issue a waiver ofdirect access to a public
street for a parcel map as long as other reasonable access is provided.
There exists special circumstances applicable to this lot that do not apply to neighboring
properties. The 3AI Parcel is an existing landJocked parcel less than one (1) acre in size. The lot
currently has access to a public street via a recorded easement through Everett court to 49d
Street. With the lot line adjustrnent, the new 3AI Parcel will be more conforming with respect to
auto parking and truck loading. The new parcel will continue to have access to 49h Streeivia an
ingress and egress easement along Everett court. city staff believes that the issuance ofa
variance fiom the minimum lot size requirement and a waiver from the street frontage
requirements are appropriate given the unique circumstances.
CEOA ANALYSIS
The proposed site is surrounded by industrial uses compatible with the proposed use. No
potentially significant impacts are expected to result from noise, odor, dusl smoke, light or glare
from the project. This variance has been determined to be categorically exempt from ieview
under the califomia Environmental Quality Act (cEeA) in ac-ordanie witn ritte 14, chapter 3,
class 5, section 15305, because the proposed lot line a justrnent is a minor alteration in a iand
use limitation in an area with an average slope of less than 20oh that does not result in any
changes in land use or density. A Notice of Exemption will be prepared and filed with the
County Clerk.
2
VARIANCE FINDINGS
Stafffinds the following to be true, and therefore recommends that the City Council make
similar findings:
O There are special circumstances applicable to the Subject Property, and the intended useofthe Subject Property, that do not apply to other properties in the surrounding area and in the
same zoning classification. unlike the other properties in the vicinity, and in the same zone,
without a variance the lot line adjusftnent would not be granted and would prevent Three Angels
Investment, LLC from purchasing a portion ofthe MB Everett Court Parcei in which its truck
loading docks are located, thus preventing Three Angels Investment, LLC from bringing the
parcel into a more conforming condition in relation to the City Code merely because-of-the size
ofthe lot.
b) The strict interpretation ofthe applicable development standfids would result irr practical
difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code
and deprive the 3AI Parcel ofprivileges enjoyed by others. Namely, the lot line a j ustmint,
while not bringing the 3AI Parcel into full compliance with the city's zoning standards, would
significantly improve the conformity of the lot by providing onsite truck loading maneuvering
and auto parking. It would also deprive Meridith Baer fiom selling a portion oflts lot that is
almost exclusively used by Three Angels Investment, LLC.
c) The granting ofa variance will not constitute a granting ofa special privilege inconsistent
with the limitations on other nearby properties. Granting the variance will hilp square off the
odd-shaped 3AI Parcel and will allow Three Angels Investment, LLC to maki more effrcient use
of the land available for its existing building. As such, no special privilege is being granted by
the approval of this variance.
he General Plan and complies with other
Ordinance. The City,s General plan states
the lot is at least one acre in size. The
k
P
al
property is consistent with the General Plan and
provrsrons.
e) The grant ofthe variance will not be materially detrimental to the public health, safety, or
welfare, or to the interests of other residents and property owners within the vicinity of the lot in
question Acquisition of a portion ofthe MB Everett Court Parcel by Three Angels Investmenrs,
LLC, will provide additional necessary employee parking spaces and maneuveing area.
Therefore, no on-street parking impacts would occur to be materially detrimental t-o the public
health, safety, or welfare, or the interests of other property o*r".r. ih" p.oposed lot line
adjustment would not significantly impact the neighboring intersections oi traffic flow.
0 The grant ofthe variance places suitable conditions on the lot to protect surrounding
properties and does not permit uses that are not otherwise allowed in the I-Zone, Industrial. The
use is consistent with the City's Zoning Regulations which permits industrial uses in the I-Zone.
l
The variance is suitably conditioned to protect neighboring property interests by requiring
ingress and egress easement be recorded along Everett court to provide proper access to
'
neighboring properties.
CONDITIONS
Therefore, it is recommended that the variance be granted with the following condirions imposed
on the permit to adequately protect the public interests:
a. The Property shall be operated in accordance with all current codes, rules, and
regulations and subject to permit fees as adopted by the City of Vemon not otherwise addressed
by this grant ofa variance.
b. A minimum twenty seven (27) foot wide easement shall be provided to all properties
adjoining Everett Court to 496 Street to ensure proper ingress and egress, utility service and fire
access to the parcels.
c. Noncompliance with any ofthe conditions herein shall constitute suffrcient grounds for
the City Council of the City of Vemon to revoke this variance, or take appropriate enforcement
action, including citation and or fines for a violation.
d. Not later than twenty (20) days fiom the date of approval of the variance, the Three
Algels Investment, LLC, as Applicant, and Meridith Baer, as owner, shall indicate, in writilg,
their acceptance of and agreement with the conditions herein. The Variance shall be void and of
no force or effect unless such written acceptance and agreement is submitted to the City within
the twenty-day period.
e. Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, and any
successors in interest thereof shall indemnifu, hold harmless and defend the city of vemon, its
duly elected and appointed officers, agents and employees fiom and against any and all claims,
gomplaints or petitions for: (1) damages, losses, expenses resulting from bodily injury, sickness,
disease, disability or death arising from the operation ofthe facility excluding theiefrom any
such claim resulting from the gross negligence or intentional wrongdoing of the city of vemon,
its officers, agents or employees; (2) a peremptory writ or other reliefby way ofinjunction,
mandamus, or administrative mandamus; and/or (3) legal expenses and auomey,s iees incurred
by the city of vemon on behalf of any party in such actions or proceedingr. rir" city of vemon
does not waive its right to participate in the defense ofor otherwise intervine in any iuch action.
Attachment(s)
1. Variance Application and Supporting information
,1
N
r9.00'
b
-EAST 49E STREET
PARCELl
Meridith Baer
4820 Everett Court
EXHIBIT ''A''
(Showing the lots before the lot line adjustment)
5
N
EAST 49E STREET
EXHIBIT ''B''
(Showing the lots after the lot line adjustment)
PARCELl
Meridith Baer
4820 Everett Court
N62'47'15.I/
(BASIS 0F EEARINGS) 1
6
RESOI-,UTION NO.
A RESOLUTTON OF THE CTTY COUNCTL OF THE CTTY OF
VERNON APPROVING A VARTANCE TO MERIDITH BAER FROM
SECTION 26.4.L-8 (s) Or THE VERNoN CITY CoDE, FoR
THE PROPERTY LOCATED AT 4820 EVERETT COURT
WHEREAS, Meridith Baer on behal_f of Three Angels Investment.,
LLC has requested a variance from Sect.ior. 26.4.1-B(g), which mandat.es
that no l-ot (except. in t.he C-1 and C-2 overfay Zones) shall be
establ-ished for any use unless Ehe rot is at reast one acre in size and
t.he granting of a waiver to Three Angel-s Investment, LLC from Section
28.2e (b) of the City Code; and
WHEREAS, Section 28.29 (b) of the Cit.y Code states that all
lots shall- have front.age of at l_east j-50 1ineal feet on a pu_blic
street.i and
WHEREAS. Meridith Baer and Three Ange1s Investment, LLC are
proposing to adjust the property lines between their parcefs. Meridith
Baer owns two parceLs. parcel one, known as 4g2O Everet.t. Court
(Assessor Parcel No. 5304-025-OO8), is 1.12 acres in size (the "MB
Everett. Court Parce1,, ) . The second parcel owned by Meridith Baer is a
private street known as Everett court and consists of two parcels
Assessor Parcel No. 5304-025-007 and 6304-o24-ot1 and is 0.57 acres in
size combined (t.he ..MB Street parcel,, ) . Three Angels Investment, LLC
owns the property known as 4726 EvereEt court. (Assessor parcel No.
5304-025-009) and is 0.55 acres in size (the '.3Af parce1., ) . None of the
aforementioned parcels are located in the c-1 or c-2 overray Zones (as
est.ablished by Sect.ions 26.3.!-1, 26.4.2 and 2O .4.3 of E.he City Code) ;
and
WHEREAS, the buildj_ng on the 3AI parcel is approximately
20,000 square feet in size and takes up almost arr of the Land area of
the parcel. The loading dock serving the 3Ar parcel is actually on Ehe
MB Everet.t. court parcel. Trucks accessing Ehi-s dock and employees that
work in the Three Angels rnvestment, LLC buifding routinely park on the
MB Everett Court Parcel-. Meridit.h Baer initiat.ed litigation against
Three Angels fnvestment, LLC over the use of the MB Everetts Court
Parcel. As part of a negot.iaced seEtlement, Three A.r}gels fnvestment,
LLC has agreed t.o purchase a portion of the MB Everett. Court parcel
adjoining the 3AI Parcel. This has t.riggered the submittal of a l_ot
line adjustment applicaEion by Meridith Baer and Three Angels
fnves tment, LLC for City of Vernon approval,. and
WHEREAS, Ehe 3AI parcef is current.ly 0.55 acres in size.
AfEer the fot. line adjustment, t.he 3Af parceL will be O.B5 acres in
size. Sectiot 26.4.1-8(S) of the City Code requires a1I newly
est.ablished parcels to be a minimum of one (1) acre in size. In
addition, Sectsion 28.28(bl of t.he City Code requires all lots to have
frontage of ats least. one hundred fifty (150) feet. on a pu-b1ic street.
The 3AI Parcel's only frontage j.s a private street along Everet.t Court.
However, Section 28-B of the City Code does permit the City Council- to
issue a wal-ver of direct access to a pr:Jclic stsreet for a parcel map as
long as ot.her reasonable access is provided,. and
WHEREAS. there exists special circumstances applicable to
this 1ot t.hat do not. apply E.o neighboring properties. The 3AI parcel is
an existing land-locked parcel l-ess than one (1) acre in size. The l-ot
currenE.ly has access t.o a pu-b1ic street. via a recorded easement through
Everetst Court Co 49Eh Street. with the 1ot line adjustment., the new 3Af
Parcel- will- be more conforming wit.h respect to auto parking and truck
loading. The new parcer will continue to have access t.o 49rh street via
an ingress and egress easement along Everett court. city staff berieves
2
that Ehe issuance of a variance from the minimum 1ot size requirement
and a waiver from the street frontage requirement.s are appropriat.e
given the unique circumstances; and
WHEREAS, the proposed site is surrounded by industrial uses
compatible with t.he proposed use. No potentially significant impacts
are expected to result from noise. odor, dust., smoke, light or glare
from the project. The Director of pu_bIic Works, Water & Development
Services has recommended that the City find that Ehe project is
categorically exempt from review under the california Environmental
Quality Act (CEQA), in accordance with Tit.Ie l-4, Chapter 3, C1ass 5,
Section 15305 of the CEQA Guidelines, because t.he proposed 1ot line
adjustment is a minor afteration in a land use limitation in an area
with an average slope of less than 20? t.hat does not result in any
changes in land use or densitsy,. and
WHEREAS, a Notice of Exemption will- be prepared and filed
with the County Clerk; and
WHEREAS, t.he City Colmcil has received a Staff Report dated
October 20, 201-5, upon which it. has relied in making the foregoing
recit.als; and
WHEREAS, the City Council of the City of Vernon held a
hearing on said application for a variance on October 20, 2OL5.
NOW, THEREFORE, BE IT RESOLVED BY THE CfTY COI'NCfL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and det.ermines that t.he above recital_s are true and correct,
SECTION 2: The City Council of E.he City of Vernon further
finds that all persons have had lhe opportunity to be heard or to fire
writ.t.en comments t.o the proposed project. and after due considerat.ion of
3
all the evidence submit.ted at the pubric hearing determines that t.here
are compelling reasons to justify granEing a variance.
SECTION 3: The Citsy Council of the City of Vernon hereby
finds that the proposed act.ivity is cat.egorically exempt pursuant to
Section 15305 of the CEQA Guidelines and directs tshe City Clerk, or
the City C1erk's designee, to file a Notice of Exempt.ion with regard
to the enwironmenEal impact of said project with the County Clerk of
t.he County of Los Angeles.
SECTION 4: The custodian of records for the proposed
aclivity and afl other material t.hat constitute the record of
proceedings upon which t.he City Councit,s decision is based is the
CiEy Clerk of the City of Vernon. Those documents are available for
pubric review in the office of the ciEy c]erk located at 4305 santa Fe
Avenue, Vernon, California 90058.
SECTfON 5: The City Council-of the City of Vernon hereby
approves the variance from Section 26.4.L-8 (g) of tshe City Code, and
the variance is hereby granted to the Applj-cant. for the project. based
on the following findings as reguired by Section 26.6.2-5 of the
Vernon Zoning Code :
a. There are special circumstances applicable to t.he Subject
Propercy, and the intended use of the Su-bject property, that. do not
apply to other properties in the surrounding area and in t,he same
zoning cfass i ficat.ion. unlike the other propert.ies in the vicinity, and
in the same zone, $/ithout a variance the 1ot rine adj ustment. would not
be granted and would prevent Three Angel-s fnvestment., LLC from
purchasing a portion of the MB Everett court parcer in which its t.ruck
loading docks are located, thus preventing Three Ivrgels rnvestment., LLc
from bringing the parcel into a more conforming condition in relation
4
t.o the City Code merel-y because of E.he size of the lot.
b. The strict. interpretation of t.he applicable development
standards would result in pracEical diff icul-t.ies and unnecessary
hardships that wourd conflict. with t.he purposes of tshe Zoning code and
deprive t.he 3Af Parcel- of privileges enjoyed by others. Namely, the
l-ot line adjustment, while noE. bringing the 3Af parcel into fuI1
compliance with the City, s zoning st.andards, would significant.ly
improve t.he conformity of the lot by providing onsite t.ruck loading
maneuvering and aut.o parking. ft would also deprive Meridith Baer from
selling a port.ion of its lot t.hat is almost exclusively used by Three
Angefs fnvestment, LLC.
c. The granting of a variance wifl not constitute a granting of
a special privilege inconsistent with the limit.ations on ot.her nearby
properties. Granting t.he variance will help square off the odd- shaped
3AI Parcel and will al1ow Three Angels fnvestment., LLC to make more
efficient use of the land available for its exist.ing building. As
suchr no special privilege is being granted by Uhe approvaf of this
variance.
d. The grant. of Che variance is consist.ent wit.h the General plan
and complies with otsher applicable provisions of the Comprehensive
ZoIfing Ordinance. The City, s ceneral plan stat.es Ehat no 1ot shafl be
established for any use unless the lot is at l_east one acre in size.
The approval of t.he 1ot line adjustment wi1l make the 3Af parcel more
conforming with the City, s zoning requirement.s, while keeping Che MB
Everett Court Parcel the same in reLation to zoning requirements. The
General Pl-an land use designation for the site is rndustrial and i-ts
Zoning designation is also industrial_ (and not in either the C-1 or C-
2 Overlay Zones) . The use of the property is consj-stent. with the
5
ceneral Plan and rrill compl-y with aII other applicable zoning
provisions.
e. The grant of the variance wil_I not be materially detrimental
to the public health, safety, or welfare. or to the int.erests of other
residents and property owrrers within the vicinity of the l_ot in
question. Acquisition of a porlion of the MB Everett Court parcel by
Three Ange]s Investments, LLC, will provide additional necessary
empfoyee parking spaces and maneuvering area. Therefore. no on-streeE
parking impacts would occur t.o be malerial-ly detrimental to the public
heaIt.h, safety, or welfare, or t.he interests of other property owners.
The proposed fot line adjustment would not significantly impact the
neighboring intersections or t.raff ic flow.
f. The grant of t.he variance places suitable condit.ions on the
Iots to protect surror:nding properties and does not permit. uses tha! are
not otherwise allowed in the l-zor1e, fndustrial . The use is consistent.
wit.h the City's Zoning Regulat.ions which permits industrial uses in the
I-Zor:e. The variance is suitably conditioned t.o protect. neighboring
property int.erests by reguiring ingress and egress easement be recorded
along Everett Court t.o provide proper access to neighboring properties.
SECTION 5: The City Council hereby grants a waiver from
Section 28.28 (b) of the City Code, requiring each parcel to have a
minj-mum 150-foot. frontage on a pu-blic street.
SECTION 7:fn order to adequat.ely prot.ect the pu-blic healt.h
and general welfare, the folLowing condit.ions are required:
a. The Property sha11 be operated in accordance with all
current. codes, ru1es, and regrul_ations and subject to permit fees as
adoptsed by the Cit.y of Vernon not otherwise addressed by this g'rant. of
a variance .
6
b. A minimum Ewenty seven (27) foot wide easement shall_ be
provided Eo all properties adjoining Everett Court to 49th Street to
ensure proper ingress and egress, utsility service and fire access to
the parcels.
c. Noncompliance with any of the condiE.ions herein sha1l
const.it.uce sufficient groulds for the City Council of the City of
Vernon to revoke this variance, or take appropriate enforcement action,
including citsation and or fines for a violat.ion.
d. Not. lat.er Ehan twenty (20) days from the date of
approvaf of the variance, the Three Angels Investment, LLC, as
Applicant, and Meridith Baer. as Owner, shaIl indicate, in writ.ing,
tsheir acceptance of and agreement. with the condit.ions herein. The
Variance shalI be void and of no force or effect unless such written
acceptance and agreement is submitted to the City within the t.wenty-day
period .
e. Three Arge]s Investment, LLC, as Applicant, and Merldith
Baer, as Oi,,ner, and any successors in interest. tshereof sha1l indemnify,
hol-d harmless and defend the City of Vernon, its duly elect.ed and
appointed officers, agent.s and employees from and against any and all
claims, complaints or petitsions for: (1) damages, l-osses. e)q)enses
resulting from bodily injury, sickness, disease, disabilit.y or death
arising from the operation of the facility excluding therefrom any such
claim resulting from the gross negligence or int.entional wrongdoing of
tshe City of Vernon, its officers, agents or employees,. (2) a peremptory
writ or other relief by way of injunction, mandamus, or administrative
mandamus; and/ or (3) l-ega1 expenses and attorney, s fees incurred by t.he
City of Vernon on behalf of any party in such actions or proceedings.
The City of Vernon does not waive it.s right to part.icipat.e in the
7
defense of or otherwise int.enrene in any such action.
SECTION 8: The City C1erk, or Deputy Citsy Clerk of the City
of Vernon sha1l certify to the passage, approval and adoption of this
resolution, and the Cit.y Clerk, or Deputy City C1erk, of the City of
Vernon shall cause this resolut.ion and t.he City C1erk, s, or Deputy CiEy
Clerk's, certsificat.ion to be entered in the File of Resol-utions of the
Counc j- l- of this City.
APPROVED AND ADOPTED this 20th day of October, 2015
Name:
Title: lqayor / Mayor Pro-Tem
ATTEST:
City Clerk / Oeputy City Cl-erk
APPROVED AS TO
Brian Blrun, Deputy ity Attorney
8
STATE OF CALIFORNTA )
) ss
COUNTY OF LOS ANGELES )
t,, Citsy Clerk / Deputy Citsy Clerk of t.he City
of Vernon. do hereby certify that tshe foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by Ehe
City Council of the City of Vernon at a regular meetsing of t.he City
Council duly held on Tuesday, October 20, 20L5, and thereaf t.er was duly
signed by the Mayor or Mayor Pro-Tem of the CiEy of Vernon.
Execut.ed t.hi-s day of October, 20:-5, aE Vernon, California.
City Clerk / oeputy Citsy Clerk
(SEAL)
9
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Pavrolls reported for the month of September:
08109115 - 08122115, Paydate 09/03/15
08123115 - 09105115, Paydate 09h7115
Payment
Method Date Payment Description Amount
Checks
ACH
ACH
Checks
ACH
ACH
ACH
ACH
ACH
348606
348599
348601
u8612
348613
ACH
ACH
ACH
348689
348685
348690
348593
348694
09/03/15
09/03ns
09/03/15
09117 t15
09117 t15
09t17t15
Net payroll, checks
Net payroll, direct deposits
Payroll taxes
Net payroll, checks
Net payroll, direct deposits
Payroll taxes
$ 22,693.s2
823,077.77
263,652.97
19,860.72
789,327.U
237.835.28
2,156,47.30Total net payroll and payroll taxes
09/03/15
09/03/15
09/03/15
09/03/15
09/03/15
09/03/'15
09/03/15
09/03/15
09t17115
09t17t15
09117t15
09t17t15
09t17t15
09t17t15
09t17t15
09t17t't5
33,814.23
4UlU.86
3,483.92
2,000.00
180.00
2,823.16
3,265.00
1,937.45
29,519.99
410,694.77
3,654.08
2,000.00
180.00
2,295.00
3,265.00
ICMA
CaIPERS
California State Disbursement Unit
Sandra Bingman
Franchise Tax Board
IBEW Dues
Vernon Firemen's Association
Vernon Police Officers' Benefit Association
ICMA
CaIPERS
California State Disbursement Unit
Sandra Bingman
Franchise Tax Board
Teamsters Local 9'11
Vernon Firemen's Association
Vernon Police Officers' Benefit Association
Payroll related disbursements, paid through
General bank account
Total net payroll, taxes, and related disbuEements
1 ,937 .45
905,204.9't
$ 3,061,652.21
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REGE,[VE,D
OcT 13 2015
CN CLERKSOIIICE STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
October 20, 20f5
Honorable Mayor and City Council _..-- \
Mark C. Whitworth, City Administr oror@
Originator: Lilia Hernandez, Executive Assistant to the City Administrator
Council Conference Attendance Report
Recommendation
A. Receive and file this Council Conference Attendance Report to the League of California
Cities Annual Conference and Expo.
Background
Members of legislative bodies are required to provide brief reports on meetings attended at the
expense of the agency after the completion of the meeting.
Mayor McCormick, Council Member Martinez and Council Member Ybarra attended the League
of Califomia Cities Annual Conference and Expo, in San Jose, CA from September 30 - October
2, 2015. The seminar program included:
Wednesdav. September 30. 2015
Opening General Session
Thursdav. October l. 2015
General Session
Luncheon
Concurrent Sessions
General Resolutions Committee
Networking Receptions
Fridav. October 2. 2015
Concurrent Sessions
Closing Luncheon
Page I of2
Fiscal Impact
Sufficient funds tbr attending this conference are available
budget.
Attachment(s)
None
in the 20 I 5/20 16 City Council
Page 2 of 2
REGEIVED
0c1 14 2015
C\IY CLERKSOffICE
Fire Chief
MAW:ar
FIRE DEPARTMENT
Michael A. Wilson, Fire Chief
4305 Santa Fe Avenue, Vemon, Calilomia 90058
Telephone (323) 583-8811 Fax (323) 826-7407
October 14,2015
Honorable Mayor and City Council
City of Vemon
Honorable Members:
Attached is a copy of the vemon Fire Department Activity Report which covers the period of
September 16,2015 through September 30, 2015.
Respectfully Submitted,
RECEIVED
ocl I { 20t5
CITY AD ATION
: Fireletnow
lE 4c ftuiv e $ I nlus t rit I
!,ERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
September 16, 2015 to September 30, 2015
This Period Last Year
Last Year To Date
ACTTVITYTYPE
FIRE PREVENTION:
Regular Inspections (#):
Re-Inspections (#):
Spec. Haz. Inspections (#):
Total Inspections:
Total Man Hours:
TRAINING (HOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-rNCrpENT (HOURS):
Planning
District Familiarization
Total Hours:
PERIODIC TESTfiOURS):
Hose Testing
Pump Testing
19
1t
1
31
48
86
42
t39
138
140
2
30
577
75
88
163
0
0
974
179
32
1185
1448
1559
575
2t19
2144
213t
61
523
9t12
t345
t454
2799
tt92
280
25
1497
2062
This
Period
54
27
0
81
98
79
l5
119
125
127
0
t4
479
91
87
178
This Year
To Date
1802
570
2428
2293
2369
27
397
9886
1607
1470
3077
8
J
0
0
26
l0
Total Hours:
Page 1
11
PUBLIC SERVICE PROGRAMS HOURS)
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTINE MAINTENANCE (HOURS):
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
: F ireactivity
36
l8
216
270
2253
2276
2354
6883
22214
3
0
t2
15
127
125
124
376
tt46
J
0
2t
24
124
127
130
381
1193
18
6
191
215
2085
2t70
2166
6421
20006
Page 2
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0911612015 08.17 .26
09116t2015 17.U.05
09t1612015 22.13.41
0911712015 04:32:37
0911712015 05:52:03
0911712015 06:05:27
0911712015 08:20:53
0911712015 12:10:47
09t17 t2015 14.09.33
0911712015 15:13:04
0911712015 18:22:33
09/18/2015 03:56:13
0911812015 08:20:17
0911812015 10:57 .23
0911812015 14.24:30
0911812015 17:44:09
0911812015 19:21.53
09/201201 5 08:06:1 1
0912Q12015 13:39:37
0912112015 05:59:13
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09t21t2015 12.32.05
0912112015 12.33:32
09t2112015 13..26.54
09t2112015 13.39.16
Ogl22l2o15 06:24:53
O9|2Z2O15 08.21:31
0912212015 09.24:02
0912312015 O3:11:01
0912312015 09:17:15
0912312015 10:26:02
0912312015 11:36.18
0912312015 14:05.51
0912312015 19:19:59
0912312015 21:02:15
Ogl23l2o15 21 .13:37
0912412015 10:31:20
0912412015 11.41:U
0912412015 13:13.07
0912412015 19:34:04
09124t2015 21:19.01
0912512015 08:45:10
Ogl25t2o15 09:01 :02
0912512015 12.16:46
PREVENTION FOLLOW.UP?
No
NO
No
No
NO
No
No
No
No
No
No
No
No
No
No
No
NO
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
NO
No
No
No
No
No
No
No
No
No
No
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611 Dispatched & canceled en route
322 Motor vehicle accident with injuries
900 Special type of incident, other
700 False alarm or false call, other
31 1 Medical assist, assist EMS crew
322 Motor vehicle accident with injuries
730 System malfunction, other
251 Excessive heat, scorch burns with no ignition
143 Grass fire
671 Hazmat release investigation vv/ no hazmat
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445 Arcing, shorted electrical equipment
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735 Alarm system sounded due to malfunction
611 Dispatched & canceled en route
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
735 Alarm system sounded due to malfunction
741 Sprinkler activation, no fire - unintentional
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
311 Medical assist, assist EMS crew
700 False alarm or false call, other
3'l l Medical assist, assist EMS crew
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
31'l Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
31'1 Medical assist, assist EMS crew
61'1 Dispatched & canceled en route
311 Medical assist, assist EMS crew
600 Good intent call, other
311 Medical assist, assist EMS crew
311 Medical assist, assist EMS crew
311 Medical assist, assist EMS crew
671 Hazmat release investigation M no hazmat
423 Refrigeration leak
700 False alarm or false call, other
251 Excessive heat, scorch burns with no ignition
741 Sprinkler activation, no fire - unintentional
700 False alarm or false call, other
322 Motor vehicle accident with injuries
700 False alarm or false call, other
32'l EMS c€ll, excluding vehicle accident with inju
61'l Dispatched & canceled en route
321 EMS call, excluding vehicle accident with inju
411 Gasoline or other flammable tiquid spifl
700 False alarm or false call, other
700 False alarm or false call, other
700 False alarm or false call, other
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
311 Medical assist, assist EMS crew
31 1 Medical assist, assist EMS crew
700 False alarm or false call, other
622 No incident found on arival atdispatch addr
324 Motor vehicle accident with no injuries
611 Dispatched & canceled en route
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700 False alarm or false c€ll, other
611 Dispatched & canceled en route
31 1 Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
745 Ala(m system activation,no fire,unintentional
321 EMS call, excluding vehicle accident with inJu
092512015 13.47:33
0912512015 13:4956
092512015 1620:55
0912612015 07:16:48
09D612015 16:19:27
0912712015 10.42:27
0912712015 11:11:56
0927 1201 5 23:07 :43
0912812015 08:31:'19
0912812015 09:45:42
092812015 15:06:11
0912812015 16.03:40
0912812015 17:23:49
0912812015 22:38:22
0912912015 12.57:27
0912912015 1356:41
0912912015 13:59:19
0912912015 15:26:59
09/30/2015 09:50:14
09/30/201513:39:59
0913012015 23:49:25
No
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To: Mark Whitwort\ City Adminislrator
From: konard Grossberg Director/Health Officer
Date: ftober 7,2015
Re: Transrniual of Heafth & Envimnmental Contol Deparrnent Monthly Report
I am forwarding the attached subject report for Septanber 2015 for submission to the City Cormcil. I am
requesting that the report be placed on the normal City Council agenda
Please let me know if you need additional hformation.
Attachment
RECEIVED
ocT 0 7 2015
CITY ADMINISTRATION
9clg:/mydoc/ZHDlmonthly reportycity Admin Tra6miral Moflfily Report S€?t 2015
HEALTH & ENVIRONMENTAL GONTROL DEPARTMENT
SeptemferZ}lS
MONTHLY REPORT
City of Vemon
Leonard Grossberg, Director/Health Offi cer
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
MONTHLY REPORT
September 201 5
HAZARDOUS MATERIALS CONTROL
Activities during the month of Septanber included oversight of closure/remediation work or
planning for several sites including: 2939 Bandini Blvd., Pechiney (3200 Fruitland Ave.);
Thermador (5119 District Boulevard), 1890 E. 25'h Street, and Exide Technologies (2700 Indiana
Street). Oversight activities, such as site assessment review, work plan approval, closure sale
agreements, and environmental field observations, provide an expedited process that encourages
prompt reuse or redevelopment of properties in Vemon.
Senior Environmental Specialist Jerrick Torres finalized the Storm Water and CaIARP permits
for Whole Food's new facility on Pacific Blvd., and also reviewed five new storm water plans
for accuracy (3200 Slauson; 2030 Ross Street; 2065 Ross Street; 3575 Ross Street; and 4700
Alcoa Ave).
September was a very busy month for responding to emergency responses, as each field
inspector responded to at least one call. Staff assisted with investigating illegally abandoned
containers at Washington and Downey Road; ammonia releases at Van's and Coast Packing; and
a fire at Right-Way-Meat. In all instances, we made sure the public and environment was
protected and all problems were mitigated according to regulations.
During the month of Septernber, staff was active in attending numerous training opportunities,
including Senator Lara's "Sustainability and Your Business" ( Johnson), Underground Storage
Tank Technical Advisory Croup (Torres), Hazardous Waste Technical Advisory Group
(Johnson), Pesticide Applicators training (LeDuff, Torres, Cheng), Califomia Conference of
Directors of Environmental Health CCDEH (Grossberg), as well as Ethics Training (LeDuff,
Johnson). Training opportunities are crucial in maintaining our continuing education units up-to-
date as well as providing staff the most up-to-date information.
UNDERGROUND TANKS
No underground tanks were removed during the month. Senior Environmental Specialists
Lyndon Ong Yiu conducted two annual monitoring Underground Storage Tank tests at Dunn
Edwards and Pacific Precision. Senior Environmental Specialists Linda Johnson reviewed plans
for ranovaVrepairs at three sites (ExxonMobil, Catalina Pacific, and Vemon Truck Wash).
FOOD PROGRAM
Senior Environmental Specialist Lyndon Ong Yiu attended the "Food Technical Advisory
Committee" meeting in Septanber, completed three new processing facilities plan checks, and
also participated in the Mobile Food Commissary Plan-Check Guideline Group.
Environmental Specialist Erik Cheng participated in the Region IV Snack Bar/Stadium food
permits discussion which is looking at standardizing permits/inspections for after school and
park snack bars.
EN!'IRONMENTAL PROTECTION
Sixteen water samples were collected from different sampling locations around Vernon in
September. The samples were taken from the three potable water supply systems in Vemon and
were analyzed for potability. All of the samples that werc ar,alyzed met State standards for
potability (no e-coli/total coliforms).
Senior Environmental Specialist Linda Johnson attended the Solid Waste Regional Roundtable
for Local Enforcement Agencies (LEA's) in Orange County along with Environmental Specialist
Erik Cheng.
Our office and staff hosted the bi-annual CUPA Inspection Audit with auditors from Cal-EPA,
DTSC, Regional Water Control Board, and the State Fire Marshall's office. The audit reviews
the elements of our CUPA Program including the Hazardous Materials, Hazardous Waste, Tier
Permitting, Califomia Accidental Release Program (CalARP), Underground Storage Tanks,
Aboveground Storage Tanks, and Emergency Response. The auditors spent several days
researching and inspecting 2 facilities in Vernon, and another 2 days reviewing our files and
policies. Several deficiencies were noted, and a timetable for correcting those deficiencies was
proposed. The first progress report will be due on December 16, 2015.
Chief Deputy Director David LeDuff and Senior Environmental Specialist Jerrick Torres
conducted vector control surveillance along the L. A. River in an attempt to locate mosquito and
gnat outbreaks.
Director Leonard Grossberg attended the annual Califomia Conference of Directors of
Environmental Health (CCDEH) at Bass Lake. The annual conference allows directors to leam
and network from other directors within the State on program implementation and also refiesh
information on varying issues that impact local programs and enforcement. This year, the focus
was on how public health and environmental health should be interfacing their programs with
climate change, new legislation, drinking water wells and the State drought, IT management,
Emergency Response, septic systems, well permitting, fracking, and the food performance
measures study.
Senior Environmental Specialist Jerrick Torres preformed CaIARP 5-year update reviews for
Harvest Meats, Protein Inc., and Norman Fox & Co.
Our staff was busy verifting complaints during Septernber, as we had several trash complaints,
abandoned cats/kittens, injured birds, odors from a business on Gifford, and unlicensed dogs.
Our office responds to complaints as quickly as possible in order to verify and keep the problems
from getting bigger or spreading.
The Hazardous Materials Emergency Plan (HMEP) was completed and submitted to Cal-OES in
September. The HMEP was completed using the services of an outside contractor who worked
on the obtaining the grant funding, and laboring over 3 months in preparing the document for
Health and Fire Department review. The grant from Cal-OES was for $10,000.00 with matching
Vemon funds totaling an additional $4,707.00.
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Finally, Director Leonard Grossberg coordinated with the City Attomey's office in a pending
bankruptcy filing from one of our Solid Waste Haulers. With numerous negotiations between
the courts, attomeys and the hauler, we were able to resolve the filing of bankruptcy and
negotiate a settlement of the fees and penalties due to the City for calendar year 2015. In the
end, the City will be made whole and collect all of the fees due in a timely manner.
9cLG:MyDocs/ZHealth Dept A,lonthly Reports/2o1s^,tontl y S+t doc
Flu vaccines at no charge
for people who don't have health insurance or whose
healthcale provider does not offel flu vaccines.
DATE TIME
LOl2tllS 9:00a - 12:00p
L0l24i1s 12:30p- 3:30p
70l2'lt5 8:fi)a - 12:00p
L0l27ll5 9:00a - u:00a
L0lzal15 g:qla - l2:qlp
LOl2Al$ 12:q)p - 3:00p
L1.lOYlS g:q)a - l:(xrp
tllolll' 1:00p- 3:00p
lLlOAllS 10:d)a - 1:00p
tTlTOltS 3:00p - 7:00p
17112115 l:q)p - 3:30p
LOCATION
Pico RiveE Senlor Center - 9200 Mines
Ave., Pico Rivera
B.akensiek Library - 9945 Flower St.,
Bellflower
St. Mathias Church - 3095 E. Florence Ave.,
Huntington Park
La Mirada Aclivity Center - 13810 ta
Mirada Blvd., La Mirada
Noruralk Senior Cltizens Cente. - 14040 san
Antonio Dr., Norwalk
Huntintton Park tib.ary - 6518 Miles Ave.,
Huntington Park
St. Linus Church - 13915 Shoemaker Ave.,
Norwalk
Weintart Senio. Center - 5220 Oliva Ave.,
[akewood
East Los AnBeles Library- 4837 E. 3rd St.,
Los AnBeles
Sorenson library ' 6934 Broadway, Whiftier
Cent.o Maravilla Service Cente. - 4716 East
Cesar E. Chavez, Los Angeles
Flu vaccines are for
everyone six months
and older, especially if
you:
> Are pregnant or just
had a baby
> Are morbidly obese
Are a healthcare
worker
Live in a nursing or
other long-term care
home
Have a weakened
immune system or
chronrc health problem
Are a caregaver for
kids, older adults, or
sick people
Clinic dates and tlmes
may change.
Please call
(562) 46zt-535o
to confirm before
you go.
cocP-tP{o20 01 108/19/15)
,L,talt.-,s e:oo - r2:oop ffi::,.:;:'r**"" 843s Firestone
1l7l7sttl 8:loa - 12:OOo Holy Family c'tholic church - 18708' Clarkdale Ave., Artesia
Call your doctor before getting vaccinated if you have a severe egg
aller$/ or are sick the day of the clrnic.
Call your regular health care provider to learn what other shots you may
need. lf you don't have a regular doctor, call 2 7lfot a list of no{ost
or low-cost vaccine providers.
Loi Angelea County D€partmcnt of Public Health
www.publlchcalth.lacounty.gov
fr.*--,"'.*"'.
$runrcrcor
When !t comes to your loved ones' health,
Don't Wait.
Vaccinate.
Las Yacunas contra la gripe
son recomendadas pata
todos lc de seis meses de
edad y mayor€s,
principalmerte si usted:
> Est6 embarazada o si
acaba de dar a luz
Est6 severamente obeso
Es un proveedor de
cuidado m6dico
Vive en una lugar para
personas mayores o de
cuidado a largo plazo
Tiene un sistema
inmunol6gco d6bil o
una condici6n m6dica
c16nica
Cuida a niflos, personas
ma)rores, o personas
enfermas
FECHA HORA
21de Octubre 2015 9:00a - 12:00p
24 de Octubre 2015 12:30p - 3:30p
25 de Octubre 2015 t:00a - 12: rp
27 de Octub.e 2015 9:0Oa - 11:00a
28 de Octubre 2015 9:qla - 12:O0p
28 de Octubre 2015 12:qrp - 3:00p
1 de Noviembre 20lS 9:00a - 1:0Op
3 de Noviernbre 2015 1:00p -3:00p
4 de Novlemb.e 2015 10:00a - 1:00p
10 de Noviembre 2015 3:00p-7:00p
12 de [oviembre 2015 1:00p-3:30p
14 de Noviembre 2015 9:0Oa - 12:00p
Vacunas contra la gripe gratis
para personas que no tienen seguto m6dlco o su ploysedot de
cuidado m6dlco no ofrece vacunas contra la gripe.
LUGAR
Pico Rivera Senior Center - 9200 Mines Ave.,
Pico Rivera
Brakensiek Library - 9945 Flower St.,
gellflower
5t. Mathlas Church - 3CE5 E. Florence Ave.,
Huntington Park
La Mirada Activity Center - 13810 La Mirada
Blvd., La Mirada
Norwalk Senio, Citir€ns Cente. - 14040 San
Antonio Dr., Norwalk
Huntln$on Park Library - 6518 Miles Ave.,
Huntin8ton Park
St, Linus Chu.ch - 13915 Shoemaker Ave.,
Norwalk
Weintan Senior Center - 5220 Oliva Ave.,
Lakewood
East Los Angele5 Lib.ary - 4837 E. 3rd St., Los
Angeles
so.enson Library - 6934 Broadway, Whiftier
Cent.o Maravilla Servlce Center - 4716 East
Cesar E. Chavez, Los An8eles
Downey Civic Theatre - 8435 Firestone Blvd.,
Downey
Holy FarnilyCatholic Chu.ch - 18708 Clarkdale
15 de Noviembre 2015 8:30a - 12:00p
Ave., Anesra
Llame a su doctor antes de vacunarse si usted tiene una alergia severa
al huevo o se enferma el dia de su cita.
Llame a su proveedor de cuidado m6dico para saber qu6 otras
vacunas necesita. Si no tiene un m6drco, llame al 2-7-l para obtener
una lista de proveedores de vacunas gratis o de ba.jo costo.
Las fechas de la clinica y
holarios puede qse
cambien.
Por favor llame al
(s62) 46+s3so
para confirmar
antes de ir.
cDcP-rP{020{2 (08/2r15)
Departamento de Salud PUblica delcondado de LosinFles
www.publichealth.lacounty.gov
frw-^*^
$sdrd Pnrlc'
Cuando se trata de la salud de sus seres quetidos,
No espere.
Vacune.
RE EEVED
OcT l3 2015
CITY CLERl('S OFFICE
DATE:
TO:
FROM:
RE:
RECEIVED
ocT 0 6 20ls
CITY ADMINISTRATIONSTAFF REPORT
VERNON POLICE DEPARTMENT
October 20, 2015
Ilonorable Mayor and Council Members
Daniel Calleros, Chief of Potice gO
Canine Retirement and Purchase/Transfer Agreement
Recommendation
A. Find that approval of the proposed agreernent is exempt under the Califomia Environmental
Quality Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
B. Authorize the execution of a police canine purchase/transfer agreement, in substantially the
same form as submitted herewith, to be conveyed to Kent Stevenson; and
C. Authorize the execution ofa police canine purchase/transfer agreement, in substantially the
same form as submitted herewith, to be conveyed to Donald Vanover; and
D. Authorize the City Administrator to execute the agreements on behalf of the City, in
substantially the same form as submitted herewith.
Background
The Police Department Canine Program has been in place for well over eight years. Both canine
service dogs, "Rico" and "Roy''have served the residents and businesses of Vemon for the past
eight years. Canines Rico and Roy are over ten years of age and have reached the end of their
service deplol.rnent age.
In general, police canines are retired after about seven or eight years of service. Police canines
are heavily trained and go through extensive physical activities during their service life. Over
the past months, both canine handlers have noted decreased performance by both canines. Given
the number of years of service, staffis recommsnding the retirement ofboth canines and to enter
into an agreement with Kent Stevenson and Donald Vanover to provide good homes and
continued care as Rico and Roy live out their retirement years.
With the retirernent of both canines, the police department does not curently have another police
service dog. There is plans to bring another police service dog on board by early January 2016,
after a selection process is conducted for a new canine handler.
Fiscal Impact
The replacernent canine and related officer training courses and./or canine equipment will be
covered with the use of the Police Department asset forfeiture fund.
Attachment(s)
l. Police canine transfer agreements
CITY OFVERNON POLICE DEPARTMENT
POLICE CANINE PURCHASE/TRANSFER AGREEMENT
This Agreement, made and entered into in the City of Vemon, State of Califomia, this
2015, by and between the City of Vemon, a California charter_ day of
City and California municipal corporation, hereinafter referred to as..CITy',, and Vemon
Police Officer Kent Stevenson, hereinafter referred to as ,.HANDLER,, (CITy and HANDLER
are hereinafter collectively referred to as the "PARTIES,).
RECITALS
This Agreement is made with regard to the following recitals:
A. HANDLER wishes to assume ownership ald take possession of that certain City of
Vernon police canine named Roy, hereafter referred to as ',CANINE',, effective as of
2015, HANDLER is currently the assigned K-9 handler for CANINE.
B. CANINE is approximately I 0 years old and the Vernon Police Department
CITY intends to retire CANINE fromhas determined that CANINE is no longer serviceable.
service with the Vemon Police Department on 2015.
C. HANDLER wishes to assume andmaintain ownership of the CANINE, and the
CITY wishes to divest itself of both ownership and vicarious or direct liability for the CANINE.
D. CITY does hereby agree to relinquish all ofits right, title and ownership interest
in the CANNE whatsoever, effective upon HANDLER's execution and retum ofthis signed
Agreement and payment of the sum ofone and no/100ths dollars ($1.00) to CITY.
NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto aglee as
follows:
1. HANDLER agrees to assume ownership of the retired Vernon police canine
named Roy, and to assume any and all risks, including, but not limited to, risk of injury or death to
third persons, and to hold CITY, its elected and appointed offrcials, its police department,
and its employees and-/or agents or volunteers harmless from any and all liability, claims,
administrative proceedings or other responsibility whatsoever arising from any injuries or damages
that may occur on or after the date ownership ofthe CANINE is transferred pursuant to this
Agreement. That date is hereby fixed by agreement by and among the PARTIES hereto as
being 2015, hereinafter the "DATE OF TRANSFER OF
OWNERSHIP".
2. HANDLER further agrees to assume all liability for risks and dangers relating to
his ownership of the CANNE on and after the DATE OF TRANSFER OF OWNERSHIP,
and to indemnify and hold GITY, its elected and appointed officials, its police department,
and its employees and/or agents or volunteers harmless in the event that any legal or administrative
I
action, whether by claim, demand or otherwise, is made by any person or entity as a consequence
ofor arising out of any event, act or disturbance involving the GANINE on or after the
DATE OF TRANSFER OF OWNERSHIP. The aforementioned hold harmless provisions shall
extend to any direct or vicarious liability arising from any and all losses, liabilities, charges
(including reasonable attomey fees and court costs), and any other expenses whatsoever which may
arise in any manner after the DATE OF TRANSFER OF OWNERSHIP.
_ 3. IIANDLER agrees that he will assume all responsibility for the care, feeding,
handling, training, keeping and all other responsibilities associated with cANINE after the
effective date ofthis agreement, and that the cITY shall have no further responsibility of any
type whatsoever associated with CANINE after the date of this agreement.
4. HANDLER wanants and represents to the CITy that he has suitable
accommodations at his residence for the care and keeping of CANINE and will take
reasonable steps
residence for the
to assure
care and
that he will continue to have suitable accommodations at h i s
keeping of CANINE in the future.
5. This Agreement shall be govemed by the laws ofthe State ofCalifornia and venue
for any action brought hereunder shall be with the Los Angeles County Superior Court.
6. In the event ofany dispute between the PARTIES arises under or regarding this
Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable
attorney's fees from the party who does not prevail as determined by the court.
7. The invalidity in whole or inpart ofany provision ofthis Agreement shall not void
or affect the validity ofany other provision ofthis Agreement.
8. HANDLER acknowledges that he has read the foregoing Agreement and
understands that it is contractual in nature and understands each of its provisions and further
agrees to be bound thereby.
9. This Agreement represents the entire and integrated agreement between CITY and
HANDLER and supersedes all prior negotiations, representations, or agreement, either oral or
written. This Agreement may be amended only by written instrument signed by CITY and
HANDLER.
ISignatures Begin on Next Page].
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed
2
in Vemon, Los Angeles County, Califomia, on the date first stated above.
..CITY"
CITY OF VERNON, a Califomia charter City
and Califomia municipal corporation
By:
Mark Whitworth, City Administrator Kent Stevenson
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa-Milward,
Deputy City Auomey
..HANDLER"
J
By,
CITY OF VERNON POLICE DEPARTMENT
POLICE CANINE PURCHASE/TRANSFERAGREEMENT
This Agreement, made and entered into in the City of Vemon, State of Califomia, this
day of 2015, by and between the City of Vemon, a California charter
City and California municipal corporation, hereinafter referred to as "CITY", and Vemon
Police Officer Donald Vanover, hereinafter referred to as "HANDLER" (CITY and HANDLER
are hereinafter collectively referred to as the "PARTIES").
RECITALS
This Agreement is made with regard to the following recitals:
A. HANDLER wishes to assume ownership and take possession of that certain City of
Vemon police canine named Rico, hereafter referred to as "CANINE", effective as of
2015, HANDLER is cunently the assigned K-9 handler for CANINE.
B. CANINE is approximately 1 0 years old and the Vernon Police Department
CITY intends to retire CANINE fromhas determined that CANINE is no longer serviceable.
service with the Vemon Police Department on 2015.
C. HANDLER wishes to assume and maintain ownership ofthe CANINE, and the
CITY wishes to divest itself of both ownership and vicarious or direct liability for the CANINE.
D. CITY does hereby agree to relinquish all ofits right, title and ownership interest
in the CANINE whatsoever, effective upon HANDLER's execution and reh-m ofthis signed
Agreement and palnnent ofthe sum ofone and no/l00ths dollars ($1.00) to CITY.
NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto agree as
follows:
I . HANDLER agrees to assume ownership of the retired Vemon police canine
named Rico, and to assume any and all risks, including, but not limited to, risk of injury or death to
third persons, and to hold CITY, its elected and appointed officials, its police department,
and its employees and/or agents or volunteers harmless from any and all liability, claims,
administrative proceedings or other responsibility whatsoever arising from any inj uries or damages
that may occur on or after the date ownership ofthe CANINE is transferred pursuant to this
Agreement. That date is hereby frxed by agreement by and among the PARTIES hereto as
being 2015, hereinafter the "DATE OF TRANSFER OF
OWNERSHIP".
2. HANDLER further agrees to assume all liability for risks and dangers relating to
his ownership of the CANINE on and after the DATE OF TRANSFER OF OWNERSHIP,
and to indemnify and hold CITY, its elected and appointed offrcials, its police department,
and its employees and./or agents or volunteers harmless in the event that any I egal or administrative
l-
action, whether by claim, demand or otherwise, is made by any person or entity as a consequence
ofor arising out of any event, act or disturbance involving the CANINE on or after the
DATE OF TRANSFER OF OWNERSHIP. The aforementioned hold harmless provisions shall
extend to any direct or vicarious liability arising from any and all losses, liabilities, charges
(including reasonable attomey fees and court costs), and any other expenses whatsoever which may
arise in any manner after the DATE OF TRANSFER OF OWNERSHIP.
3. HANDLER agrees that he will assume all responsibility for the care, feeding,
handling, training, keeping and all other responsibilities associated with CANINE after the
effective date of this agreement, and that the CITY shall have no further responsibility of any
type whatsoever associated with CANINE after the date of this agreement.
4. HANDLER warrants and represents to the CITY that he has suitable
accommodations at his residence for the care and keeping of CANINE and will take
reasonable steps to assure that he will continue to have suitable accommodations at his
residence for the care and keeping of CANINE in the future.
5. This Agreement shall be govemed by the laws of the State of Califomia and venue
for any action brought hereunder shall be with the Los Angeles County Superior Court.
6. In the event of any dispute between the PARTIES arises under or regarding this
Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable
attomey's fees from the party who does not prevail as determined by the court.
7. The invalidity in whole or inpart ofany provision ofthis Agreement shall not void
or affect the validity ofany other provision of this Agreement.
8. HANDLER acknowledges that he has read the foregoing Agreement and
understands that it is contractual in natue and understands each of its provisions and further
agrees to be bound thereby.
9. This Agreement represents the entire and integrated agreement between CITY and
HANDLER and supersedes all prior negotiations, representations, or agreement, either oral or
written. This Agreement may be amended only by written instrument signed by CITY and
HANDLER.
[Signatures Begin on Next Page].
2
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed
in Vemon, Los Angeles County, Califomia, on the date first stated above.
"CITY"
CITY OF VERNON, a Califomia charter City
and Califomia municipal corporation
By:
Mark Whitworth, City Administrator Donald Vanover
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa-Milward,
Deputy City Auomey
..HANDLER''
3
By:
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vemory Califomia 90058
Telephone (323) 587-5171 Fax (323) 8261481
October 1,2015
Honorable City Council
City of Yernon
Vernon, California
Honorable Members:
Attached are copies of the Vemon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 a.m.,
September 16,2015 up to and including midnight of September 30, 2015.
Respectfully submitted,
VERNON POLICE DEPARTMENT
O";l cil-
DAIIIEL CALLEROS
CHIEF OF POLICE
DClar
RECEIVED
ocT 0 I 20t5
CITY ADMINISTRATI()N
REGE,VED
oci 0 8 2015
ctly cttRt(,s ott cE
lEactusivefi Infustriat
VE RNON POLICE DE PARTMENT
Department Activity Report
Jurisdiction: VERNoN
First Date: 09/16/2015
Last Dale: 09/30/2015
Depa menl Complaint
Typ" Description
All Units Primary Unit
VPD
'106
10-96M
20002
20002R
207
2't 1S
273.5
314
3'14R
415
417
459A
459R
459S
45gVR
476R
484R
487R
586
594
594R
602
901
9017
902r
9O2TR
909E
91'l
9114
92OPR
925
ASTVFD
BOSIG
BOVEH
CITCK
CIVIL
CODE5
coP
COURTESY RI
DET
DETAIL
DUI
DUST
FILING
FU
GTAR
HBC
ILLDPG RPT
oFFtcER ts 10$ c7,961 ,962,10-10. WASH. EQUtpt\
1G96 MARY (MAIL DETAIL)
NON-INJURY HIT AND RUN
NON-INJURY HITAND RUN REPORT
KIDNAPPING
SILENT ROBBERY ALARM
DOMESTIC VIOLENCE
INDECENT EXPOSURE
INDECENT EXPOSURE REPORT
DISTURBING THE PEACE
BRANOISHING A WEAPON
AUDIBLE BURGTARY ALARM
BURGLARY REPORT
SILENT BURGLARY ALARM
BURGLARY TO A VEHICLE REPORT
FMUD REPORT
PETTY THEFT REPORT
GRAND THEFT REPORT
PARKING PROBLEM
VANDALISM
VANDALISM REPORT
TRESPASS
UNKNOWN INJURY TMFFIC COLLISION
INJURY TFAFFIC COLLISION
NON-INJURY TRAFFIC COLLISION
NON-INJURY TRAFFIC COLLISION REPORT
TRAFFIC ENFORCEMENT
911 MISUSE / HANGUP
CONTACT THE REPORTING PARW
LOST PROPERTY REPORT
SUSPICIOUS CIRCUMSTANCES
ASSIST VERNON FIRE DEPARTMENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
SURVEILLANCE/STAKE-OUT
COP DETAIL
COURTESY REPORT
DETECTIVE INVESTIGATION
DETAIL
DRIVING UNDER THE INFLUENCE
DUST FOR PRINTS
OFFICER IS 1O€ REPORT WRITING
FOLLOW UP
GRAND THEFT AUTO REPORT
HAILEO BY A CITIZEN
ILLEGAL DUMPING REPORT
135
o
11
15
7
7
a
3
5
16
13
121
2
7
1
2I
J
14
13
o
5
4
8
49
2
1
16
11
7
40
48
5
20
5
2
12
2
1
7
1
2
1
38
14
8
c
1
120
4
4
l0
1
2
5
2
63
I
3
I
I
5
2
t2
4
6
2
I
2
28
2
I
8
8
3
t4
25
I
t3
5
I
4
I
I
5
I
I
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38
ll
5
3
I
10/01n015 02:30:50 Page of
VER]VON PO LICE DEPARTMENT
D epartment Activity Report
Jurisdiction: VERNoN
First Date: O9/16/201s
Last Date: 09/30/20'15
Depaimenl Complaint
Tlpe Desc ption
All Units Primary Unit
VPD
KTP KEEP THE PEACE
LOCATE LOCATED VERNON STOLEN VEHICLE
MISPR MISSING PERSON REPORT
MUTUALAID MUTUAL AID
PANIC ALARIU PANIC ALARM/DURESS ALARM
PAPD PUBLIC ASSIST-POLICE
PATCK
PEDCK
6
2
1
2
4
5
156
75
10
13
J
1
2
J
4
2
1
363
83
18
1
4
10
2
2
I
I
2
3
126
46
8
5
I
I
I
I
I
2
I
254
62
t6
I
2
4
PATROL CHECK
PEDESTRIAN CHECK
PRSTMN PRISONERTMNSPORTED
REC RECOVERED STOLEN VEHICLE
RECKLESS OF RECKLESS DRIVING (23103)
REPO REPOSSESSION
ROADMGE ROAD RAGE
RR RAIL ROAO PROELEM
SHOTS SHOTS
SPEED SPEED CONTEST OR SPEEDING (23109)
SPEEDTMILE TO BE USED WHEN THE TMILERS ARE OEPLOYI
TMFFIC STOI TRAFFIC STOP
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
VIDEOCHECK VIDEO EQUIPMENT CHECK (,I0-96 V)
WARRANT WARRANT ARREST
WELCK WELFARE CHECK
Depa ment:1483 918
Overall:1483 918
10/01/2015 02:30:50 Poge of
VERNON POLICE DEPARTMENT
Police Activity Report
Period Ending: 09130115
TRAFFIC COLLISIONS
TOTAL
NON-INruRY
INruRY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons Injured
VEHICLES STORED
Unlicensed Driver
Abandoned/Stored Vehicle
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving)
Citations Iss (Parking)
Citations Iss (Tota[)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BY ARREST
ARls-24s CRl5-1s92 11377(A) HS
ARls-246 CRls-ls96 20002(A) vc
ARt5-247 CRl5-1601 11377(A) HS
ARl5-248 CRl5-1607 11364 HS
ARl5-249 CRls-1608 11364 HS
ARl5-250 CRl5-1609 11364 HS
AR15-251 CRl5-1610 20710PC
ARl5-252 CRl5-1662 20170(A) PC
ARl5-2s3 CRl5-1664 24s(A) (1) PCARl5-255 CRl5-1675 10851(A) VC
ARl5-256 CRl5-1676 314.1 PC
AR15-257 CRl5-1678 3000.08(C) PC
PROPERTY RECOYERED
VEHICLES: $1,000
PROPERTY RECOVERED F'OR
OTHERDEPARTMENTS
VEHICLES: $14,900
NO.
15
ll
4
2
6
27
t2
4
17
157
31
188
56
101
VERNON POUCE DEPARTMENT
REPORT FOR PERSOT{S ARRESTED
PERIOD ENDING 09/30/15
MALE FEMALE TOTAL
ASSAULT WITH A DEADLY WEAPON
BURGLARY
CARRY CONCEALED WEAPON
EMBFTTLEMENT
GRAND THEFT
MURDER
POSS. CONTROLLED SUBSTANCE
POSS. STOLEN PROPERTY
RESISNNG ARREST
GRAND THEFT AUTO 1 1
WARMNT (FOREIGN)
WARMNT (BENCH)
TOTAT FELONY ARRESTS 1 0 1
MALE FEMALE TOTAL
ASSAULT WNH A DEADLY WEAPON 1 1
CRIMINAL THREATS
E(POSE OR DISPI.AY IF1TTAN6IERE 1 1
INDECENT E(POSURE 1 1
NON-INJ HIT & RUN TMFFIC ACCIDEI 1 1
POSS. CONTROLLED SUBSTAIEE-5 5
POSS. SHOBI-ZUE KNIFE 1 1
RESTRA]NING ORDER VIOLANON
VIOLATION OF PAROLE 1 1
WARMNTS (BENCH/TRrc 2 2WARMNTS (FOREIGN'
TOTAT MISD. ARRESTS 13 0 13
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:
177
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CIIY CLERt('S OFFICE
RECEIVED
ocT 08 208
CIIY ADMINISTRATIO
STAFF REPORT
PUBLIC WORKS, WATER & DEYELOPMENT SERVI
DEPARTMENT
DATE:
TO:
FROM:
October7, 15
Honorable Mayor and City Council
Samuel Kevin Wff*.&h*il. of Pubtic Wor*s, Water & Devetopment Servicts
Deparfnent
Originator: Alfonso an
Cynthia
MONTHLY BTJILDING DEPARTMENT REFORTRE
Enclosed herewith is the Monthly Building Repon for the month of Seprember 2015. Thank you.
City of Vemon
Building Department
Monthly Report from 9rlr20l5 to 913012015
Type Value # of Permits
Demolition
Electrical
lndustrial - Addition
lndustrial - Remodel
Mechanical
Miscellaneous
Plumbing
Roof
$20,000.00
$554,770.00
$295,000.00
$404,800.00
$882,317 00
$1,'149,400.00
$344,048 00
$116,500.00
1
20
1
8
10
11
8
2
SEPTEMBER 2015 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
YEAR TO DATE TOTAL
SEPTEMBER 2014 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
PRIOR YEAR TO DATE TOTAL
$3,766,835.00
$54,235,677.00
61
657
$58,002,s12.00
$3,781,981 00
$42,430,25'1.00
714
70
444
$46,2',t2,232.00 514
Direc{or of Public Works, Water & Development Services
City of Vemon
Building Depadment
Major Projects from 9r112015 to 9/3012015
Valuations > 20,000
Demolition
B-201t0568
1
5075 PACIFIC BLVD
APN 6308010017
Record(s) $20.000.00
Partial demo. of existing warehouse
building. (1,800sq.fr.)
20,000 00
Electrical
B-201$0459 5M1 SANTA FE AVE
APN 6308015019
3840 26TH ST
APN 5192030001
4740 26TH ST
APN 6332001004
4560 LOMA VISTA AVE
APN 6304020024
2901 FRUITLAND AVE
APN 6303029016
3570 VERNON AVE
APN 6303010901
B-201$0636
B-20'tt0640
B-201+05't8
B-201S0507
v201ro574
6
Electrical for reconstruclion of
8710SF burned existing building, Tl
of 9,665 SF existing office and
building.
400 amp feeder to printing press
new electrical work for bottling
equipment.
Conveyor system electrical
installation
Electrical work for mechanical
installation.
Pump House 2, Change electric
servrce.
30.000 00
40,000.00
23,000.00
25,570.OO
250,000.00
130,000.00
Record(s) $498,570.00
lndustrial - Addition
B-20110613 295,000 005041 SANTA FE AVE
APN 6308015019
Re-construc{ion of burnt 8,710 sq ft
commercial manufacluring building
Tl of existing 9,665sq fr office &
remodeling building
For payment details refer to Master
Permit B-201$0014.
Record(s) $295,000.00
lndustrial - Remodel
B-201S0437
B-201S043a
6250 BOYLE AVE
APN 6310027022
5OOO PACIFIC BLVT)
APN 6308003901
60,000 00
300,000.00
Demolition and construction of
inlerior non-load bearing partitions.
Tl of existing warehouse, loading
dock and restroom
Mechanical
&20110364
B-20110195
8-201+U7A
4510 ALAMEDA ST
APN 6308013044
3501 VERNON AVE
APN 6303009021
6250 BOYLE AVE
APN 6310027022
Theemol heater, fryer and
associated piping installation.
Steam oven and associated piping
Tl- HVAC- Add 2 new heat pump
units and 2 exhaust fans.
25,000.00
80,000.00
20,000.00
Pro Portion Foods
Permit No. Proiect Address Tenanl Description
2 Record(s) 5360 ooo oo
Tenant Description Job Value
B-2015-0469
B-2015-0373
&.201$0519
6
3883 SOTO ST
APN 6302020059
4201 FRUITLAND AVE
APN 63M027018
4560 LOMA VISTA AVE
APN 6304020024
lnstall (3 coils) air units in the RTE
room.
(3) 150 HP Boilers and equipment.
Conveyor system installation.
162,830.00
200,000.00
367,187.00
Record(s) $855.017.00
Miscellaneous
B-201$0579
B-201$0499
B-20110506
B-20'1s0363
4
4545 PACIFIC BLVD
APN 6308008024
4801 SOTH ST
APN 63040't3029
2901 FRUITLAND AVE
APN 6303029016
4510 ALAMEDA ST
APN 6308013044
remove and replace 25 smoke
hatch skylights.
installation of storage racks
REMOVE AND INSTALL
CONVEYOR AND MACHINERY,
Housing for Fryer
25,000.00
54,000.00
1,000,000.00
25,000 00
Record(s) $l,l04,0oo.(x)
Plumbing
B-201$0384
1
32OO SLAUSON AVE
APN 6310027023
Record(s) i30O,000.00
Storm Drain for New Building.
FW 8-20110028
300,000 00
Roof
B-2015-0623
1
3O3O VERNON AVE Re-roof entire building 100,000.00
APN 6308001040
Record(s) $100,000.00
22 Permit(s)Total $3,532,587.00
Oirector of Public Works, Water & Development Services
City of Vemon
Building Department
New Buildings Report - September 2015
NONE
Director of Public Works, Water & Development Services
City of Vemon
Building Departrnent
Demolition Report - September 2015
Julia and David Properties Inc.
5075 Pacific Blvd.
Inside Redevelopment Area
1,800 Sq. Ft.
Director of Public Works, Water, & Development Seryices
V- |.t,,
City ofVernon
Building Departnent
Status of Certificates of Occupancy Requests
Month of September 2015
Request for lnspection
Approved
Pending
Temporary Occupancies
Direclor of Public Works, Water & Development Services
27
t8
275
37
lssued Pemit No. Project Address Tenant
City of vernon
Certifi cate of Occupancy
Applications Date From 9/l/2015 to 9/30/2015
Description Fees Paid Square Feet
Certificate ot Occupancy
C-2015-021t 2939 BANDINI BLVD Gilli. lnc
APN 5303002020
C-20'15{'195 6270 S BOYLE AVE Hudsloan
APN
C-2015-O'196 4561 48TH ST BTG Textiles lnc.
APN 6304019010
Sewing
manufacturing
s940 00
Warehouse textile $689.00
C-20'15-0199 2036 45TH ST HP MetalPolishing Polish metals
APN 6308013030
$300 00
C-2015-0200 485'l SANTA FE AVE Unicept Apparel, lnc. Sewing lactory $689.00 15740
APN 6308015044
C-20'15-0201 2341 49TH ST Unicept Apparel lnc Storage of garments $689 00 5649
APN 6308015044
C-20154202 3090 50TH ST American Wodd Food lnc. Vvholesale food $689.00 21444
APN 63030290'14 dba Shalom and Sons distribution
C-20'15-0197 3170 SLAUSON AVE Beaver Paper/CMC Digital Warehouse general $689.00
APN 6310027037 Media lnc. merchandise
C-2015-0203 4535 48TH ST Evergreen Smart Energy Storage toilets
APN 6304019010
$689 00
C-20154204 3250 SACO ST 37th lndustrial lnvestment Dead storage (New $000
APN 6302006026 LLC Building)
C-2O154205 2059 37TH ST Amy's House lnc. lmportand Design $689 00
APN 6302011008 Women's Clothing
C-2015-0206 6180 ALCOA AVE Farinella Cheese Distributing cheese $300.00
APN 6310027036
C-20154210 5124 PACIFIC BLVD Huadisr Textile, lnc. Warehouse clothing $689.00
APN 6308003012
$815.00
$689.00
10't9't2
1',t730
20928
2400
10000
30964
9440
2000
10000
61200
9000
2000
125643
20000
1 '1480
C-201542O7 2845 26TH ST 26 Califomia Wholesale V\rholesale general $940 00 123000
APN 5169031013 merchandise
C-2015{208 3864 SANTA FE AVE Rich and Skinny lnc. Design and $300.00 17OO
APN 6302018003 wholesale apparel
goods
Gartment
manufacture and
warehouse
C-201542'12 3240 BANDINI BLVD VWnn Expedited Logistics Freight terminal
APN 6303007033
C-20154213 4827 49TH ST OKAndy
APN 63040'14003
V\rholesale/ $300.00
\ rarehouse general
merchandise
C-20154214 5200 ALAMEDA ST Food Manufacturing Peking Food Co $%0 00
APN 6308016038
C-2015-0215 6152 BOYLE AVE Alejandra's Fashion lnc Warehouse $300 00
APN 6310027037 garments
C-20154216 2333 49TH ST Maria's Bikinis Swimwear garment
APN 6308015044 Corp.manutacturing
$689 00
lssued Pemit No. Project Address Tenant Description Fees Paid Square Feet
C-20154217 2120 25TH ST United Growers LLC V1,/holesale of Fresh $300 00
APN 6302008006 Produce
C-20154218 3155 LEONIS BLVD Aurora MFG USA, lnc v\,/holesale Clothing $300 00
APN 6303020009
C-2015-02'19 4159 BANDINI BLVD Dollarwise Trading lnc. General $689.00
APN 5243020014 Merchandise
Yvllolesale
C-2O15{.220 6180 ALCOA AVE Youneed Food, lnc. Warehouse food $300.00
APN 6310027036 products
C-2015422'l 2670 LEONIS BLVD DQT Collection lnc. Warehousing $300.00
APN 6308003010 apparel and garment
cutting
C-20154'194 2900 ,l4TH ST Papa Canlella's, lnc. Food processing $1,378 00
APN 63030'14014
C-2015{198 3653 SIERRA PINE AVE Reflex Trading, lnc. Warehousing o, $689.00
APN 6303002012 garments
Total for Certificate of Occupancy:
27 Record(s)
1500
1'100
36600
3000
3500
12240
20000
$15,981.00 674,170.00
27 Permits(s)Total Fees Paid s15.981.00
City ol Vemon
Certiricats of Occupancy
lssued Date From 9/l/2015 to 9/30120'15
lssued Permit No. ProiectAddress Tenant Description Fees Paid Square Foct
Certifi cate of Occupancy
9Er2O15 C-201$O042 4281 BANOINI BLVD Queen Sales lnc. Warehouse general $689.00 10800
APN 52430190'15 merchandise
9/92015 COO-003-754 31,14 SLAUSON AVE Eco Houseware, lnc. Warehousing of $689.00 '15,473
APN 53'10027037 Houseware
9A/2015 C-2015-0070 2882 54TH ST Zona Libre USA, lnc Warehousing clothing $689.00 5375
APN 6310010007
91912015 C-2015-0099 5455 BOYLE AVE Calirornia Global l's Co. Warehousing ot $689.00
ApN 6310010014 garments
15000
1200
4480
20000
9/9/2015 C-201$0106 5008 BOYLE AVE LaModa101,lnc. Oflice use
APN 6303028015
$300.00
Sewing garments $300 00
Sewing contracling $6E9.00
911512015 C-20'15-O'194 2900 ,l4TH ST Papa Cantella's, lnc Food processing $1,378.00
APN 63030'140't4
912212015 C-20154198 3653 SIERRA PINE AVE Reflex Trading, lnc. warehousing of 5689.00
APN 6303002012 garments
912412015 C-201']0144 3864 SANTA FE AVE Hedley & Bennett, lnc. Warehouse aprons $589.00
APN 6302018003
9tgl2115 C-20'l!0157 2375 2TfH ST BIDU, lnc.
APN 6302008018
9/21f20'15 C-20'15-0158 3226 44TH ST Mola lnc.
APN 6303016005
12240
9l28l2i'15 C-2015-O162 2105 37TH ST Appleton's Custom Bars Manufacluring of $300 00
APN 6302010008 motolcycle habdle
bars
9128120'15 C-201t0076 5111 HAMPTON ST AlexanderJeans, lnc Manufacturing of $600.00
APN 6308010032 garments
912812015 C-2015-0151 1930 51ST ST You-WanLA-Deal lnc. warehousing ofsmall 5689.00
APN 6308016005 appliances
9nBl2O15 C-2015-O'192 4890 ALAMEDA ST Anne Sophie, lnc. dba Handbag wholesale $689.00
APN 63080'15072 EmPeria Handbag
9129120'|.5 COO-001754 2858 26TH ST Fresh American Produce, lnc. Warehousing of $815.00
APN 63030030'10
9129n015 C-2015-0155 2289 49TH ST Unicept Apparel lnc. Sewing faclory $689.00
APN 63080150i14
9t2912015 C-2015-0118 4789 LOMA VISTA AVE Nuconic Packaging, LLC Storage otfinished 5689.00
APN 63M025029 plastic packaging
9ngD015 C-201S0174 5210 SANTA FE AVE BTS Apparel, lnc Manufacluring of $300.00
APN 6309002007 garmentvsewing
'18 Record(s)
Total for Certiticate ol Occupancy: $11,572.00 276,525.00
8000
't 9000
2500
2000
23000
28100
57640
25000
237',t7
3000
lE Permits(s)
Total Fees Paid $11,572 00
RECEIVED
ocT r 5 20rs
RECE!\/ED
STAFF REPORT CITY AD ATION
CIIY CLERl('S OFIICE FIRE DEPARTMENT
DATE: October 20,2015
Honorable Mayor and City Coulrlcil,ffiu
Michael A. Wilson, Fire Chief
Originator: Adriana Ramos, Administrative Secretary
Approval to Purchase One (1) Paramedic Rescue Ambulance for the Fire
I)epartment
OcI 15 2015
FROM:
RE:
Recommendation
A. Find that approval of the proposed purchase in this staff report is exempt under the
Califomia Environmental Quality Act ("CEQA') in accordance with Section
15061(bX3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
B. Approve the purchase ofone (1) Paramedic Rescue Ambulance from Leader Industries in
the amount of $164,882.82, and authorize the Purchasing Department to issue a purchase
order to Leader Industries to replace the current 2001 Paramedic Rescue Ambulance that
no longer meets the needs of the depanment.
Background
The Proposed Purchase Compliance with the Municipal Code
The Fire Department requests that the City Council approve the purchase of one (l) Paramedic
Rescue Ambulance from Leader Industries, in the amount of $ 164,882.82.
For this purchase the City intends to piggyback onto a current contract between the City and
County of San Francisco and Leader Industries. Piggybacking is expressly authorized by Vemon
Municipal Code Section 2.17 .12(A)(5) and allows Vemon to use an existing public agency
conEact as a template to form its own contract directly with the same vendor to purchase on
same or similar terms. The City and County of San Francisco used a competitive bid process to
obtain vehicle cost for Leader Industries. As such, staff requests that the City Council approve
the purchase order without requiring the completion of the traditional competitive bidding
Page 1 of2
process. The City of Vemon will be able to save time and resources by piggybacking onto the
City and County of San Francisco purchase order with Leader Industries.
Reason Purchase is needed
The new 2016 Paramedic Rescue Ambulance will replace a 2001 Paramedic Rescue Ambulance
that has exceeded the recommended service time pursuant to the Vemon Fire Department
"Apparatus Replacement Schedule" The current Apparatus Replacement Schedule allows for ten
(10) years of front line service; followed by ten (10) years of "Reserve Status" prior to the
retirement of a Paramedic Rescue Ambulance.
Fiscal Imoact
The new Paramedic Rescue Ambulance will be purchased utilizing funds in the 201512016
budget that were specifically budgeted for the purchase ofa new Paramedic Rescue Ambulance.
Attachment(s)
1. Leader Industries Customer Sales Order Pricing Summary - City of Vemon
2. Leader Industries Customer Sales Order Pricing Summary - City and County of San
Francisco
3. Executed Purchase Order between Citv and Countv of San Francisco and Leader
Industries
Page 2 of 2
Rev.l2i l8/14
LEADER INDUSTRIES
Steve De La Montanya
10941 Weaver Avenue
South El Monte, CA 9'1733
707-529-7522
Customer Sales Order Pricino Summarv
Vernon Fire Department
4305 S Santa Fe Ave
Vemon, CA 90058
Craig Peltier (323) 5834821 Parcrlt Job 1610
L196,148" Ford Type lll w/ 72' headroom, Base Conve6ion
(2015) FORD V10 E350 Gas Cutaway Chassis 138'
20 Multi Unit Discount (2 - 4 vehicles built consecutively) -$750 per vehide. ($2,000)
30 50 (2015) $5200 FORD FACTORY REBATE (E.350 CUTAWAY) ($5,200)
THE ABOVE ITEMS ARE ALREADY INCLUDED IN THE CONTRACT PRICE.
SHIPPING FOB Leader lndusries So El Monte. CA
t subtotal for base vehicle:
Subtotal for all option items:
SUB TOTAL FOR VEHICLE AND ALL ITEMS IN THE CONTMCT:
MUNICIPAL CUSTOMER DISCOUNT:
Each
$1 18,904.00
31,041.00
149,945.00
(4,000.00)
Extencted Amount
$1 18,904.00
31,041.00
149,945.00
(4,000.00)
Price Adjustment to conversion Base, Per S.F. Fire Contract, U.S. Department of Labor Index, 4,028.00
Subtotal for base vehicle and all taxable items:
Sales tax calculated at : 9.00
Estimated DMV fees:
Tires fees ($1.75) per tire:
Delivery Fees:
$149,973.00
13,497 .57
0.00
12.25
0.00
s149,973.00
13,497.57
0.00
12.25
0.00
customer contingency Amount:1,400.00
Contract Total:$164,882.82 $1&1,882.82
Estimated delivery is l90 days from order confirmation (subject to change).
Customer Representative Date:Pafnent (Please ched( one)Leasing E
company Check n
wire Transfer E
Purchaser agrees to defend, indernniry and hold Halcore Group Inc , dba Leader Industries, harmless fiom any claims. costs (including actual attomey's
fees), damages and habrlrties caused in whole or inpart by any alteration or modification of, or changes or additions to these puchased products.
TERMS: All Vghiclg Salss Arq CO.D. Titlgs to bo Processed Upon Receipt of Payment in Full
Ouotation is valid lor 60 days
THANK YOU FOR YOUR BUSINESS
1610 2013 Database 2015 Database 8/3t/2015
LEADER INDUSTRIES
Steve De La Montanya
143 Meadow Place
Windsor, CA 95492
707-546-1070
Customer Sales Order Pricina Summary
San Francisco City & County
1 Dr. Carlton B. Goodlett Place RM 430
San Francisco, CA 94102
Whitney D. Bagby, RFP 72260,Parent Job 1445
(2014) LlgGl€" Ford Type lll w/ 72' headroom, Base Conve]sion
(2014) FORD V10 E350 Gas Cutaway Chassis 138'
Multi Unit Discount ( On two or more vehides build consedltively ) ($2,000)
30 Ford E35o (Gas) $5300 Fin code or K code discount ($5,SOO1
THEABOVE ITEMS ARE ALREADY INCLUDED IN THE CONTMCT PRICE.
SHIPPING FOB PER RFP SERVICE CENTER PAETALUMA. CA. DESIGMTED SAN FRANCISCO
10
subtotal for base vehicle:
Subtotal for all option items:
SUB TOTAL FOR VEHICLE AND ALL ITEMS IN THE CONTMCT:
MUNICIPAL CUSTOMER DISCOUNT:
Each
$1 18,148.00
44,778.00
162,926.00
(4,000.00)
ExleDded Amourt
$1,181,480.00
447,780.00
1,629,260.00
(40,000.00)
Subtotal for base vehicle and all taxable items:
Sales tax calculated at:8.75 o/o
Estimated DMV fees:
Tires fees ($1.75) per tire:
Delivery Fees:
$158,926.00
13,906.03
0.00
12.25
900.00
$1,589,260.00
139,060.25
0.00
122.50
9,000.00
PRE-CONSTRUCTION CONFERENCE, MID & FINAL INSPECTIONS, 2 PERSONS. EACH 3,600.00
Contract Total:$174,104.28 $1,741,042.75
Estimated delivery is 160 days from order confirmation (subject to change).
Customer Representative Date:Payment (Please drect one)Leasing t]
Company check E
Wire Transfer E
Purchaser agrees to defend, indemniry and hold Halcore Group Inc , dba Leader Industries, harmless Iiom any clarms, costs (including actual attomey's
fees), damages and liabilrties caused m whole or rnpart by any alteralion or modificalion of, or changes or additions ro these purchased products
TERMS: All Vehicle Sales Are CO.D. Tiues to bo Procsssed Upon Recaipt ol Paymsnt in Fult
Quotation is valid for 60 days
THA K YOU FOR YOUR BUSII{ESS
1445 2013 Dalabase 5t22D014
* * * * * * * * oRI G I N A L * * * * + + * * * *
CITY AND COUNTY OE SAN ERANCISCO
PURCHASE ORDER
EIRE DEPARTMENT
PAGE :01
POFC15000014
9856, 168.44
09 / t'7 / 2014
PHONE:625-575-0880
VENDoR ID': 8'l 647
REO #: RQFC1500 0 016
TO:LEADER INSUSTRIES
PO
PO
PO
10941 VJEAVER AVE
S E]- MONTE cA 91733
TERMS: NET 30
FOB : DEST
DELIVERY DATE OR ARo: 02/24/201.5
DEIIVER ?O: SFFD/CENTRAI SHOP (ECD18)
18OO .'ERROLD AVE
SAN FRANCISCO
ATTN: DAVE DEL GRANDE
cA 94124
AUTHORIZED SIGNATURE:DATE :
PHONE :- 6258
ORIGINAI ORDER MUST BE SIGNED TO BE VALID
FIRE DEPARTMENT ( FCIOl )
698 2ND STREET 3RD ELR
SAN FRANCISCO
ATTN: I4ARK CORSO
cA 94107
TERMS :
DO NOT DEVIATE FROM STATED PRICES.
DO NOT SEND MERC NDISE TO THE INVOICE ADDRESS.
NUMBER ON THIS DOCUMENT MUST APPEAR ON YOUR INVOICES.
"" '"*. AND CONDITIONS LISTED ON TIIE REVERSE SIDE OF THIS PAGE AND
THE TERMS AND CONDITIONS INCORPORATED INTO THE CITY'S BID DOCUMENT ARE
HEREBY MADE A PART OF AND APPLICABIE TO THIS PURCHASE ORDER.
THE CASH DISCOUNT PERIOD BEGINS WHEN THE ORDER IS RECETVED AT THE
CORRECT ADDRESS, OR WHEN A CORRECT INVOICE IS RECEIVED AT THE ABOVE
ADDRESS. WHICHEVER IS ],ATER.
CONTINUED, NEXT PAGE
******+*oRIG I N A L*******+**
CITY AND COUNTY OF SAN FRANCISCO
UOM TAX OUANTITY UNIT PR]CE
PAGE :02
POFC15000014
$856. 168 .44
TOTAI, PRICE
PURCHASE ORDER
FIRE DEPARTMENT
PO
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NAME/S PECS
070-03
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5.00 157,445.0000
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EQUIPMENT AUTHORIZAT]ON NO. FCD15O2R (2 UNITS), FC15O3N (3 UNITS)
********:t*****rt*****************)k**************+********+**********
AMBUIANCE/ TYPE lIT IN ACCORDANCE WITH THE ATTACHED EQUIPMENT
SPECIEICATIONS DATED 5/22/2OI4, APPENDIX A, TERM CONTRACT 72260 AND
CHANGE ORDER #1 DATED 7_31-2014.
56, L0'l .19
24, 2075
OF THE CONTRACT )
61.25
DEL IVERY
( DE1,IVERY
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DATE
9947-08-08
CHARGE, TIRE
MANDATORY
i ],OT OF TIRES
THEREFORE, THE
(VEHICIE).
TAX - $1.75 TIRE.
FOR EACH VEHICLE'
$I2.25 PER I,OT
TOTAL ITEMS AMOUNT
SAI,ES TAX
INVOICE AMOUNT
s787 ,286 .25
s58,882.19
s856,168.44
**** END OF ITEM trIST ****
DATED 5/22/2014 OF THE CONTRACT.
********oRIG I N A 1,*r.****** **
CTTY AND COUNTY OF SAN FRANCTSCO PAGE :03
PoFc15000014
$856,168.44
SUBOBJ USERCODE PROJCT PRJDT], GRANT GRNTDTL fuYOUN?SFX 1NDEX
856,168 .44
**** END OF DOCUMENT ***"
RECEIVED
DATE:
TO:
FROM:
REGEIVED
ocT I 3 20t5
CITY ADMINISTRATION
ocT I 5 2015
CIIY CTERK'S OFFICE STAFF REPORT
VERNON GAS & ELECTRIC DBPARTMENT
october 2o' 2ol,
^-a-r(Honorable Mayor and City Council @ \"
RE:
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Abraham Alemu, Electric Resource planning & Developnent
Manager
Establishment of the City of Vernon Gas & Electric Department's Resource
Adequacy Plan for 2016
Recommendation
A. Find that the approval of the city of vemon Gas & Electric Department Resource
Adequacy Plan for 2016 referenced in this document is exempt under the Califomia
Environmental Quality Act (cEeA) in accordance with Section 15061(bX3), the general
rule that GEQA only applies to projects that may have an effect on the environment; and
B. Approve the Resolution establishing the city of vemon Gas & Electric Department
Resource Adequacy Plan for 2016 that adopts:
The approval ofthe coincident peak Demand Forecast for 2016;
The approval to retain the same I 50% Reserve Margin for planning purposes;
The approval of the Qualifuing capacity criteria that will be used ior determining
qualifying resource types and the Qualifying Capacity from such resources;
The approval of the City's annual and monthly Resource Adequacy and Supply data;
The approval of the Resource Adequacy resources that will be counted on-to satisfl,
the City's Local Capacity Requirement and Flexible Resource Adequacy Capacity
Requirement for 2016; and
c. Authorize staff to submit the city of vemon Gas & Electric Department.s Resource
Adequacy (RA) Plan for 2016 and the Monthly Resource Adequacy and Supply data to
the CAISO.
Background
The Califomia Independent Syslem Operator (CAISO) as the electric grid operator is responsible
for maintaining a reliable electric grid. One ofthe keys to maintaining a reliable grid is to ensure
1)
2)
3)
4)
5)
Page 1 of4
that the electric system has adequate resources it needs to meet its electric demand. To do this,
the CAISOhas established provisions in its Tariff that are intended to ensure that Load ServingEntities (LSE), such as the city of vemon, will secure sufficient resources to meet their
customer's energy demands. Pursuant to Section 40 of the cAISo rarifi LSEs must provide tothe cAISo annually a Resource Adequacy demonstration or plan. The Resource id.qru.y
demonstration musr include (1) a coincident peak Demand Foiecast, (2) Reserve Iraargin, 1rj
Qualifying capacity Criteria, (4) an annual and monthly Resource Adequacy and Suppl-y daia,
and (5) a list of Resource Adequacy Resources that will be counted on to satisf iis Local
Capacity Requirement and Flexibte Resource Adequacy Capacity Requirement.
(1) coincident peak Demand Forecast: Is defined as the amo,nt of the city of vemon,s
load that contributes to the CAISO system peak. This is calculated by first establishing a
monthly peak demand for the upcoming year. A monthly peak demand is established by
taking the latest highest metered energy demand for the month and applying the projected
load growth rate. Based on staff analysis, the projected toad growth for20i6 is set at0%.
To establish the monthly energy demand for 2016, staff has used the most recent 12
month highest monthly energy demand and applied a 0%o load, growth. once the peak
demand forecast is established. each monthly peak demand is multiplied by a coincident
peak factor to establish the monthly coincident peak demand forecast. The coincident
peak factor is calculated and provided to the city of Vemon annually by the califomia
Energy commission. It is the percentage of the city of vemon's energy demand at the
time of the cAISo system's peak demand. Mathematically, the boincident peak
Demand Forecast for 2016 is equal to the most recent 12 month monthly energy demand
increased by 0% load growrh and multiplied by the coincident peak demind factor.
(2) Reserve Margin: Is defined as the amount of Resource Adequacy capacity that an LSE
must maintain above its coincident peak Demand Forecast. pursuint to the cAISo
Tariff, a LSE must establish a Reserve Margin of no less than 15%. Historically the City
of Vemon has established its Reserve Margin at 15%.
(3) Qualifying capacity Criteria: A Load Serving Entity must provide the cAISo with a
description of the criteria that will be used to determine the type of resources that can be
used to meet its capacity obligation and the amount of capacity (eualifuing capacity)
from such resources. The City of Vernon has elected to uie the following isources to
meet its capacity needs and the qualifting capacity from each of them.
a) Power supply contract/s entered through westem Systems power pool (wspp)
Agreement (MRTU Amendment) and defined as any SC-to-SC traded product for which
an IST (Inter-SC Trades) can be submitted to the CAISO.
b) Vemon Purchase Power Contract with Southem Califomia Public Power Authority(scPPA) for SCPPA's share of the palo verde Generating Station. The qualified
capacity shall be 4.9% of SCppA share ofthe palo verde Generating Station.
c) The contract between the united States Department of Energy westem Area power
Administration Boulder canyon project and the City of vemon. The eualiflingCapacity will be based on the most cunent schedule for the available capacitf from the
Boulder Canyon Project.
Page 2 of 4
d) The generating units and system units within the city of vemon's electric system.The amount of qualifying capacity of such units wili be based on the projected
dependable gross output capacity on a day when the ambient air temperature is 90
degrees Fahrenheit.
e) Capacity from a Participating Generator, System Unit or a system Resource as
defined in the CAISO Tariff.
f) Intemrptible Service agreements between the city of Vemon and its electrical
customers. The qualifying capacity will be based on the contracted amount the electrical
customer has agreed to intemrpt either by a request from cAISo or upon an unscheduled
outage of the Malburg Generating Station or any other generating unit intemal to the
City's electric system.
(4) Annual and monthly Resource Adequacy and Supply data: Each annual and monthly
Resource Adequacy and Suppty data must be submitted to the cAISo on the established
templates and on the set schedule dates. The Resource Adequacy data templates shall
identifu all of the qualified resources committed to meet the city's resourci adequacy
obligations and the adopted Reserve Margin. The Supply data templates list only those
resources that the city owns or is responsible for scheduling with the cAISo. Monthly
Resource Adequacy and Supply data templates will be consistent with the data submitted
in the Annual Resource Adequacy and Supply data templates and may be adjusted for
seasonal variations in the city's load or changes in its contracted/owned resource.
(5) Local Capacity Requirement: on an annual basis, the cAISo publishes a technical
study that determines the amount of capacity resources needed in the Los Angeles Basin
area that must be available to the cAISo. Based on this study the cAISo allocate the
amount of local capacity the city of vemon must make available each month. The city
ofVernon must then include in its Resource Adequacy Plan the list oflocal resources that
will meet its Local Capacity Requirement. These resources must be listed and submitted
to the cAISo in the approved Resource Adequacy data template. The data templates will
includes the generating irnits and system units within the city of vernonis electric
system.
(6) Flexible Resource Adequacy capacity Requirement: on an annual basis, the cAISo
conducts and publishes the results ofa study that determines the Flexible capacity Need
for the cAISo Balancing Authority Area. The need for flexible capacity is a iesuli of thecAISo managing a greener grid. The increase of variabre inergy resources and
distributed generation has presented significant challenges to grid reliabiiity. The cAISo
determines and allocates the flexible resource adequary reqri.emert to each LSE. The
tariffrequires LSEs to have sufficient resources thaicould ramp up and down quickly and
have the potential to start and shut down multiple times per day(i.e. flexible capacity).
LSEs are required to include both annual and monthly Flexible Resource Ad-equacy
capacity showings in the Resource Adequacy data tempiate. The city of vemon'must
then include in its Reso,rce Adequacy plan the list of Flexible Resource Adequacy
resources that will meet its requirement. These resources must be listed and submitted to
the CAISO in the approved Resource Adequacy data template.
Page 3 of4
consistent with the cAISo rariff requirements, staff has prepared the city of vemon
Gas & Electric Departmenr's Resource Adequacy plan -foi
2016 for iity council
approval.
Fiscal Imnact
There is no known fiscal impact.
Attachment(s)
None.
Page 4 of 4
RESOIJUTTON NO.
A RESOLUIT]ON OF THE CITY COUNCIL OF THE CITY OF
YERNON APPROVING AND ADOPTING THE VERNON GAS &
ELECTRIC DEPARTMENT RESOURCE ADEQUACY PI,AN FOR2015, WHICH INCLUDES THE PEAK DEMAND FORECAST,
THE PI,ANNfNG RESERVE MARGIN, THE QUALIFYING
CAPACITY CRTTERIA AND THE QUAITFYING CAPACITY
FROM SUCH RESOURCES, CITY'S RESOURCE ADEQUACY AND
SUPPLY DATA AND APPROVES THE RESOURCES USED TO
SATfSFY THE CAITFORNTA INDEPENDENT SYSTEM
OPERATOR'S TARTFF REQUTREMENTS
WHEREAS, the City of Vernon (Ehe ,.City,, ) is a chartered
municipal corporation of the state of car-ifornia that owns and operates
a system for the generation, purchase. transmission, distribution and
sale of efectric capacity and energy; and
,HEREAS, t.he City has executed a Metered su-bsystem Agreement.
( "MSS Agreement') with the california rndependent system operat.or
("CAISO"); and
WHEREAS, t.he Cit.y is considered a Load Serving Entity ("LSE")
under certain t.erms of the CAISO, s Tarif f (..Tarif f ,, ) ; and
WHEREAS, the Tariff requires each LSE t.o establish and su]:mit
to cArso an aruruar Resource Adequacy pIan, which incrudes a peak Demand
Forecast, a Reserve Margin, eualifying Capacity Criteria, and a Supply
PIan; and
WHEREAS, t.he Tarif f requires each LSE t.o su-bmit mont.hly
Resource Adequacy pfans and Supp]y pl-ans; and.
WHEREAS, the City has revj.ewed the historicaL and expect.ed
demand for and supplies of er-ectricity within its distribut.ion system,
including the likeIy peak demand for elect.ricity within the City, s
distribut.ion system chroughout 2016, the availabfe generat.ion and ot.her
capacity to serve t.hat demand, and const.raints which might. impacc the
availability of capacity to serve the City, s projected peak demand; and
WHEREAS, based upon that review, the City finds tshat the peak
demand for efectricity within the city, s disEribution syst.em throughout.
2016 is IikeIy to experience Load growth of approximat.ely O? as
compared Eo the same months of the prior year; and
WHEREAS, based upon that review, the City finds that. the
default 15? Reserve Margin set forth in the Resource Adequacy
provisions of the MRTU Tariff is sufficient. for planning purposes; and
WHEREAS, based upon that. review, the Cit.y finds that the
Qualifying capacity criteria specified in lhe city of vernon Demand
Forecast for 20L5, planning Reserve Margin, eualifying Capacity
crit.eria and Annual Resource Adequacy and supply plan are sufficient
and appropriate to be used in det.ermj-ning the amount of eualifying
Capacity needed t.o meet the City,s project.ed peak mont.hly demand and
15? Reserve Margin.
NOW, THEREFORE,
CITY OF VERNON AS FOLLOWS:
SECTION 1: The
BE TT RESOLVED BY THE CITY COUNCTL OF THE
Cit.y Council of the City of Vernon hereby
the above recit.als are true and. correct.
City Council of t.he City of Vernon finds
under the Cafifornia Environmental euality
with Sect.ion 15OGl_ (b) (3 ) . t.he general rul_e
projects that. may have an effect on the
SECTTON 3:The City Council of t.he City of Vernon hereby
approves and adopts the Gas & Elect.ric Deparcment. Resource Adequacy plan
for Calendar Year 2016 (tshe ..Ar]luaL Resource Adequacy pIa]l"), which
includes the peak Demand Forecast, the pfanning Reserve Margin, the
finds and determines that
SECTION 2: The
that. chis action is exempt
Act (CEQA) , in accordance
Ehat CEQA only appties to
environment.
2
Qualifying Capacity Criteria and Ehe eualifying Capacity from such
resources, the annual Resource Adequacy and suppfy dat.a, and the Resource
Adequacy resources that wilr be used to satisfy the ciEy,s Locar capacity
Requirement for 20L6, which is atEached hereto as Exhibj.t A.
SECTION 4: The City C1erk, or Deputy City C1erk. of the
City of vernon shal1 certify to t.he passage, approval and adoption of
t.his resoluEion, and the Ci_E.y C1erk, or Deputy City C]erk, of the City
of Vernon shalf cause this resofution and t.he City C1erk, s, or Deputy
City Clerk's, certificat.ion to be ent.ered in the Fife'of Resolutions
of the Counci1 of this City.
APPROVED AND ADOPTED t.his 20th day of OcE.ober, 2015
Name:
Titl-e: Ylayor / Mayor pro-Tem
ATTEST:
City Clerk / oeputy Ciry Clerk
ty Attorney
3
STATE OF CAIIFORNTA )
) ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resofut.ion, being
Resolution No. _, was duly passed, approved and adopt.ed by the
City Council of the City of Vernon at. a regular meeting of the City
council duly held on Tuesday, october 20, 2015, and lhereafter was duly
signed by Ehe Mayor or Mayor pro-Tem of the City of Vernon.
Executed this _ day of october, 2015. at. vernon, california.
City Clerk / Deputy City Clerk
(SEAL)
4
City of Vernon
Gas & Electric Department
Resource Adequacy Plan
Calendar Year 2016
Background:
The Resource Adequacy provisions of the cAISo's Tariff require the Scheduling
coordinator ("SC") of a Load serving Entity ('LSE) such as the city of vemon to establish
and submit the following information upon approval from its Local Regulatory Authority.
(l) a coincident Peak Demand Forecast for its load, (2) a Reserve Margin used for planning
purposes, (3) the Qualifoing capacity criteria that wilr be used for determining qualifoing
resource types and the Quarifring capacity from such resources, (4) an annuar and monthly
Resource Adequacy and Supply dat4 and (5) a list ofthe resource that will be used to satisf,
the LSE's Local capacity Requirement and Flexible Resource Adequacy capacity
Requirement showing.
Staff has prepared this "city of vemon Gas & Electric Department,s Resource Adequacy
Plan for calendar Year 2016 consistent with the cAISo rariff requirements. The following
is a discussion of each of the cAISo rariff requirements and how the city will meet each
requirement.
Coircident Peak Demand Forecast:
vemon's municipal load resides within the cAISo control area. The cAISo, as the
balancing authority, has the responsibility for meeting reliability criteria established by the
westem Electricity coordinating council ("wECC"). As such the cAISo has entered into
agreements with various market participants including, but not limited to, Generators,
Scheduling coordinators, Participating Transmission owners, utiliry Distribution
companies, and Metered Subsystems ('MSS), which impose certain responsibilities on
parties to establish a reliable system. one of those responsibilities is to have operating
reserves that meet the WECC minimum requirements.
The CAISO's goal in considering reserve requirements is to balance available capacity with
demand across the entire cAISo control area and, therefore, cAISo's primary concem is
with the time and amount of peak demand on the cAlSo-controlled transmission system (the
"system peak")- In order to reduce demand during the period of the system peak (and,
therefore, to lower the peak demand on the transmission system), utilities generalry offer
retail rate structures designed to encourage road shifting away from the on-peak period. such
efforts are intended to achieve on-peak demand reduction and rower the need to build new
generation to meet peak demand. vernon has adopted such a rate structure and has
succeeded in shifting the peak demand period for Vemon's system to a time that is genera y
earlier than the time of the CAISO system peak.
vemon's share of needed capacity to meet cAISo control area capacity requirements may
be established by determining the amount of vemon's load that contributes to the cAISo
system peak. vemon's load that contributes to the cAISo system peak is the city of vemon
coincident peak Demand. The process to establish vemon's monthly coincident peak
Demand Forecast consists ofthe following three steps:
l. Establish Monthly Vernon System peak Demand Forecast for 2016
To establish vemon's System peak demand forecast, Staff performs ar analysis on the
year to year change in the city's energy demand peaks during a five year period. Based
on the results of the analysis, staff forecasts a load growth rate for the coming calendar
year (Exhibit l). This year's analysis shows that for the period between 2011 and 2015,
the city of vemon system peak demand has decreased 0.1%. closer review of Exhibit 1
reveals that the decreases in system peak demand from 2013 to 2014 is 1.572o/o. Based
on current load changes information projections available to the Department, including
the fact that no significant new development in the city is likely to be finalized in 2016
that wili lead to a significant increase in load, and in consideration ofthe recent history of
years of stagnation, staff concluded no load growth forecast is appropriate for calendar
year 2016. Exhibit 2 shows the determination ofthe projected system peak demand for
2016 that incorporates a no load growth. The projected system peak demand for the city
of Vemon is also shown below in Table 1.
Table I
Projected
Load
2016 MW
Je!uary 174.11
February 176.16
March 177 55
{pril 174.99
May 169.81
June 179.29
July 186.37
August 192.33
September 190.23
October 182.28
November 176.00
December 179.43
2. Establish Coincidental Peak Factor
The coincidental peak factor is the percentage of the city of vemon,s energy demand at
the time of the cAISo system peak demand. As set forth in Section 40 of the cAISo
Tarifr, the coincidental peak factor for each month has been calculated and provided to
the city annually by the califomia Energy commission (cEC). The monthly coincidental
peak factor is shown in column E of Exhibit 3.
3. Calculate Monthly Coincident Peak Demand Forecast
The City of Vemon's Coincident Peak Demand forecast is calculated as the mathematical
product of the city of vemon's forecasted system peak demand and the coincidental
peak factor. This reflects the city of vemon's projected demand at the time of the
cAISo system peak demand for each month. The monthly coincident peak Demand
Forecast is calculated and shom in Exhibit 3 for the period of January through December
2016. It is also shown betow in Table 2.
Table 2
Demand
Forecast
2016 MW
Jan uary 139.3
February 134.9
March 139.7
April 138.2
May 143.8
June 152.2
July 158.6
August 160.2
September 159.8
October 155.3
November 150.1
December 139.8
Reserve Margin for Planning Purposes
The Reserve Margin is the amo,nt of Resource Adequacy capacity that an LSE must
maintain above its coincident peak Demand Forecast. Historically, the city of Vemon has
established its Reserve Margn at 15o/o. Staff has recommended that the city council
maintain the Reserve Margin at 15Yo for planning pulposes. T]ne 15% Reserve Margin was
used to establish the monthly Resource Adequacy obligation for the city of vernon. The
monthly Resource Adequacy obligation is listed in Exhibit 3.
Oualifyine Capacity,
A Load Serving Entity must provide the CAISO with a description of the criteria that will be
used to determine the type of resources that can be used to meet its capacity obligation and
the amount of capacity (Qualifying capacity) from such reso.rces. Historically vemon has
used the following criterion to determine whether a resource qualifies: It qualifies if vernon
has a contractual right to the power or has an intem.rptible service agreement with a
customer. The six following resources are among those that meet this criterion and provide
Qualifuing capacity. The calculation for the amount of euarifiing capacity the six erigibre
resource types follows:
l. cAISo lST-enabled product. power supply contract/s entered through wspp
Agreement (MRTU Amendment) and defined as any sc-to-Sc tmded product for
which an IST (Inter-SC Trades) can be submiued and for which cAISo will make
payment or issue an invoice, including Energy, Tier I IFM Bid Cost Recovery
obligations and Ancillary Service obligation trades, as each defined in the Tariff.
2. Palo verde. Yemon Purchase power Contract with scppA for 4.9%o of SCppA,s
share of Palo verde Nuclear Generating Station (palo verde) shall be eligible as
Qualifoing Capacity. The power is scheduled as an import generally at Westwing
Substation through the cAISo's entitlement of transmission from westwing to Sp-
15.
3. Boulder canyon. contract No DE-MS65-g6wp395g7 between United States
Department of Energy westem Area power Administration Boulder canyon project
and city of Vemon, califomia for Electric Service shall be eligible to count as
Qualif,ing capacity. The power is scheduled as an import at Mead Substation
generally through the cAISo's entitlement of kansmission from Mead Substation to
sP-15. The amount of eualifoing capacity w l be based on the most current
schedule for the available capacity from the Boulder canyon project at the time of
submittal ofthe Resource Adequacy plan.
4- vernon units. Generating units and system units (but excluding Vemon diesel
generating units) within vemon's MSS including the Malburg Generating Station and
the city owned H. Gonzalez units, as reflected in Schedure 14 of vernon,s MSS
Agreement with cAISo shall be eligible to count as eualifying capacity. The
amount of Qualifuing Capacity of such units will be based on the projected
dependable gross output capacity on a day when the ambient air temperature is 90
degrees Fahrenheit.
5' other units- All other capacity from a participating Generator, a system Unit, or a
system Resource, as defined in the CAISo rarifi shall be eligible as eualifuing
capacity. System Resources, however, must have a firm transmission path from
sowce to the cAISo control area. Such criteria for firm transmission facilities over
the cAISo control area can be satisfied with the possession of a firm transmission
right from the cAISo on the path associated with the system Resource. Firm
trarsmission rights provide physical priority right to schedule over congested paths.
6. Interruptible service Agreemezts. Intemrptible Service Agreements with the city,s
Electrical customers. Currently vemon has an Intemrptible Service Agreement
where t}le customer agrees to interrupt 12.65 Mw of load within a 30 minute
notification. A period of intem.rption can occur upon notification from the
Independent System operator (ISo) requiring the city to shed load or upon the
unscheduled outage of the Malburg Generating station ("MGS") or any other
generating unit intemal to the City,s system.
vemon will use the following scheduled outage criteria for determining the level of
Qualifiing Capacity ("QC") of any resource.
Summer
May
through
September
Non-Summer
Months
October
through
April
For scheduled outages of less than I week, the resource is counted as
Qualifring Capacity.
For scheduled outages of I week to 2 weeks, the eualifiing Capacity of
the resource is prorated using the formula:
!-1 - (aaVs of scheduled outage/days in month) - 0.251 * MW = eCThe formula will allow resources to be counted at between 50% and
25%o of what would otherwise be their eualiffing Capacity.
For scheduled outages over 2 weeks, the resource carmot be counted as
The CAISO Tariff requires that the scheduling coordinator ofa load serving entity provide an
annual and a montl y Resource Adequacy plan (Section 40.2.2.4) using the required
templates and submitted on the set scheduies. Furthermore, the scheduling coordinator ofa
resource providing resource adequacy must submit both an annual and monthly supply plan
(Section 40.4.7.1) using the required templates and submitted on the set schedules.
Therefore, the city of vemon as a load serving entity and a scheduling coordinator for
resource adequacy resources must submit a Resource Adequacy and Supply plan on the set
schedules. staff has prepared the Arurual Resource Adequacy (Exhibit 4) and Supply data
(Exhibit 5) for calendar year 2016. staff will submit the monthly Resource Adequacy and
Supply data to the cAISo as they become due. The data to be submitted on the monthly
plans will be consistent with the Amual Resource Adequacy and Supply plan and may be
adjusted for seasonal variations as well as load and resource changes. The monthly plan is
due to the CAISO 45 days prior to the beginning ofthe month.
Local Canacity Area Resources:
In accordarce with Section 40.3 of the cAISo rarifi, cAISo annually publishes a Local
capacity Technical Study that determines the amount of local capacity needed in the Los
Angeles Basin area that must be available to the cAISo. Based on the Local capacity
Technical Study, the cAISo allocates responsibility for Local capacity Area Resources to
the Scheduling coordinators of the LSEs. The CAISo validates that the Scheduling
coordinator list enough local resources in its Resource Adequacy data templates to satisf, its
obligation. Staff has prepared the Resource Adequacy data templates (Exhibit 4) which lists
the Resource Adequacy Resources including the Malburg Generating Station aad the city
owned H. Gor.a,alez units that will be counted on to satisfu the Local Area capacity
requirement for the City of Vemon.
Flexible Resource Adequacv Capacity:
In accordance with Section 40.10 of the cAISo rarifi cAISo annually conducts a study to
determine the Flexible capacity Need for the cAISo Balancing Authority Area for each
month of the next calendar year and provides the results of the study to each Local
Regulatory Authority in the cAISo Balancing Authority Area. Flexible resources are
resources with the potential to ramp up and down quickly and have the capability to start and
shut down multiple times per day. The need for flexible capacity is a result of the cAISo
managing a greener grid. The increase of variable energy resources and distributed
generation has presented significant challenges to grid reliability. These types of resources
are projected to continue to increase in the future which will create an increase in supply and
load variability and unpredictability within the cAISo system. [n order for the cAISo to
efficiently operate the grid, it needs measures to enswe that flexible resources are
economically bid into the cAISo markets and as a result optimally dispatch them.
The cAISo study calculates the total system amount of Flexible capacity needed for each of
the three Flexible capacity categories. The three categories are: (1) base ramping flexibility;
(2) peak ramping flexibility; and (3) super-peak ramping flexibility. Section 40.10.3 of the
cAISo rariff sets the criteria needed by resources to qualift for each category. For the
calendar Year 2016, the cAISo has determined the system-wide Flexible capacity needs
and has notified each LSE their monthly requirement. Exhibit 6 lists the city's Flexible
capacity requirement by month and category. Furthermore, the cAISo has established the
Effective Flexible capacity for each resource and the category of Flexible capacity each will
qualifu for the upcoming compliance year. For calendar year 2016, the cAISo has
established 78 Mw of category 1 base ramping flexibre resources adequacy capacity for
Malburg Generating Station, and 5.75 Mw category 2 peak ramping flexible resources
adequacy capacity for each H. Gonzales Unit (Exhibit 7). cAISo rariff section 40.10.5.1
requires the scheduling coordinators of LSEs to identify the resources it will rely on to
satisff its Flexible Resource Adequacy capacity on both the annual and monthly Resource
Adequacy data templates.
Staff has prepared the Resource Adequacy data templates (Exhibit 4) which lists the
Resource Adequacy Resources including the Malburg Generating station and the city owned
H. Gonzalez units that will be counted on to satisfy the Flexible Reso,rce Adequacy
Capacity requirement for the City of Vemon.
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Exhibit 2
January - December 2016 Projected Load
Month
2014-2015
(Actual City
System Peak
Load)
2016
Projected
System Peak
Load
(A)(B)(c)
1 January'15 174.11 174.11
2 February '15 176.16 176.16
3 March'15 177 55 177 .55
4 April '15 17 4.99 174 99
5 May '15 169.81 169 81
b June '15 179.29 179.29
7 July '15 186 37 186.37
8 Auqust'15 192 33 192 33
9 eptember '15 190.23 190.23
'10 October "l4 182 28 182.28
11 November'14 176.00 176.00
12 December'14 179.43 179.43
A
B
c
Month
Source: (City Historical System Peak Load Data)
Actual Load for 2014 and 2015
Exhibit 3
January - December 2016 Resource Adequacy Requirement
Month
Vemon
System Peak
Demand
Coincidental
Peak Factor
Coincident
Peak Demand
Forecast
RA Capacity
Requirement
(A)(B)(c)(D)(E)
1 January 174.1 80.0%1 39.3 160 2
2 February 176.2 76 -60/0 134 I 155.2
3 March ttto 78.7v.139.7 160.7
4 April 175.0 79 0%138 2 159.0
5 May 169.8 84.7o/o 143I 165.4
o June 170 1 84.9o/o '152.2 175 0
July 186 4 85.1%158 6 182.4
August 192 3 83.3%160.2 184.2
9 September 190.2 84.0%159.8 1 83.8
10 October 182.3 85.2%155.3 178.6
11 November 176.0 85.3Yo 1 50.1 172 6
12 December 179 4 77 .9Yo 139.8 160.7
A MonthB Source: (Exhibit 1 Column E)G Source: CECD Product of B and G
E Product of D and 115o/o (115% reflects Planning Reserve Margin)
EXHIBIT - 4
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Exhibit 6
January - December 2016 Flexible RA Requirement
Min. Base
Flexibility
Requirement
Peak
FlexibiliV
Super
Peak
Flexibiltv
Total Flexible
RA
Requirement
(A)(B)(c)(o)(E)
1 January '15 000 000 000 0.00
2 February '15 000 000 0.00 0.00
3 March '15 1.30 064 0.10 2.04
4 April '15 0.63 0.31 0.05 0.99
5 May '15 938 0.86 0.54 10.78
6 June '15 3.68 034 021 4.23
7 July'15 zol 0.24 0.15 3.00IAuqust '15 254 0.23 0.15 2.92
9 September '15 2.71 0.25 0.16 3.'.12
10 October "15 5.33 264 0.42 8.39
11 November '15 2.26 1.12 0.18 3.56
12 December'15 000 0.00 0.00 0.00
A Month and YearB Requirement for Category 1- Base Ramping ResourcesC Maximum allowed use of Category 2- Peak FlexibilityD Maximum allowed use of Category 3- Super Peak FlexibilityE Total Flexible RA Requirement for City of Vernon
EXHIBIT - 7
A Designated flexible resource
B Designated Effective Flexible Capacity (Qualified Flexible Capacity by each Resource)
C Designated Flexible Capacity Category
l3Hl0 s,)tultJ,{1tc REGEIVED
ocT 0 E 2015
CITY ADMINISTRATION
DATE:
TO:
FROM:
R.E:
_ Eroz eIlr STAFF REpoRTggn l3c AN REsouRCES DEpARTMENT
October 20, 2015
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources I)epartment
Adoption of New City of Vernon Personnel Policy and Procedures, Criminal
Background and Live Scan Policy I-13, Tattoo and Body Piercing Policy I-16,
Alcohol and Drug-Free Workplace Policy III-1, Tardiness Policy III-4, and
Administrative Manual Policies, Electronic Equipment and Systems Use
Policy 5.1 and Mobile Communication Device Use Policy 5.2
Recommendation
C.
Find that approval ofthe proposed administrative ard personnel policy and procedures in
this staff report are exempt from Califomia Environmental Quality Act C'CEQA)
review, because it is a general policy and procedure making activity that will not result in
direct or indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a
project, because such activity will not have any effect on the environment, this action
would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(bX3),
the general rule that CEQA only applies to projects that may have a significant effect on
the environment; and
Adopt the attached new Persormel Policy and Procedures, Criminal Background and Live
Scan Policy I-13, Tattoo and Body Piercing Policy I-16, Alcohol and Drug-Free
Workplace Policy III-1, Tardiness Policy III-4, and Administrative Manual policies,
Electronic Equipment and Systems Use Policy 5.1 and Mobite Communication Device
Use Policy 5.2 and incorporate into the Personnel Policies and Procedures Manual and
Administrative Manual; and
Authorize the city Administrator and the Director of Human Resources to execute and
distribute the above-referenced policies to all employees.
Background
The Human Resources Department is responsible for maintaining and managing the city's
Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel
B.
Page I of3
Policies and Procedures had not been conducted in over twenty (20) years. In line with the City's
good govemance reforms, the City commenced and is continuing its comprehensive review of its
policies and procedures, including the incorporation of new policies and programs designed to
benefit the City, its employees, and surrounding communities.
To ensure a more efficient and effective method in maintaining and managing the city's
personnel policies and procedures, the city council on November 20,2012, approved Resolution
No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures
Manual. The manual is designed to provide a uniform and consistent system for human resource
administration throughout the City. In addition, the manual will provide employees with greater
clarity with respect to personnel policies, and promote effective communication among
managers, supervisors, and employees.
In furtheraace of the City's good govemance reform efforts, staff has presented the following
policies for consideration by the City Council and adoption into the Personnel Policies and
Procedures Manual and the Administrative Manual:
Personnel Policies and Procedures Manual:
o Criminal Background and Live Scan Policy I-13 fNew) The attached policy reinforces
the City of Vemon's commitment to provide a secure and safe environment for its
employees, volunteers, and members ofthe public. To this end, the City Council adopted
a resolution authorizing the Human Resources Department and the Police Department to
obtain State and Federal surrmary criminal background information from the Department
of Justice and Federal Bureau of Investigation for employment purposes. The purpose of
this policy is to ensure that the process for obtaining criminal background information is
conducted in accordance with state and federal laws.
o Tattoo and Body Piercing Policy I-16 CNew) - The attached policy is intended to define
appropriate "personal business appearance" during normal business operations that
complement aa environment that reflects an efficient, orderly, aad professionally
operated organization.
o Alcohol and Drue-Free Workolace Policv III-1 (New) - The attached policy reinforces
the City's zero-tolerance policy for the safety of its employees and the community we
service. The policy also ensures complialce with the Drug Free Workplace Act of 1988.
o Tardiness Policy III-4 fNew) - The attached policy establishes uniform standards for all
employees for reporting to work on time under their established work schedule; and to
establish a system to enforce these standards and guidelines.
Admini strative Manual Policies
o Electronic Equipment and Svstems use Policy 5.1 (New) - This policy is to establish
guidelhes for the use of the City of Vernon,s electronic information and
communications systems, including activity involving city electronic equipment and
communications use, network access, intemet use, and recording and imaging devices.
Page 2 of3
Electronic mail and faxes, which are transported over the intemet wired or wireless
telephone or data systems, are also subject to all provisions of this policy.
Mobile Communication Device Use Policy 5.2 (New)- This policy is to provide clear
guidelines tbr the authorization,
Communication Devices (MCDs)
cellular phone allowance.
distribution and appropriate business use of Mobile
by City employees and tbr the establishment of a
In accordance with the Meyers Milias-Brown Act (MMBA), all policies were presented to the
city of vemon employee labor organizations to meet and cont-er on impacts to wages, hours and
working conditions. As of October 13, 2015 all comments and feedback have been incorporated
into the attached policies. However, the vernon Firemen's Association (vFA) does not support
the adoption of the criminal Live Scan and Background Poticy I-13. vFA expresses concem
regarding the inclusion ofdisciplinary consequences for criminal violations that may not involve
moral turpitude and,/or are not committed in the course and scope of employment. Staff
recommends adoption of the policy because the policy specifically states that the conviction may
be disregarded if it is found and determined by the city Administrator that mitigating
circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed
since such conviction, the age of such person at the time of conviction, or the fact that the
classification applied for is unrelated to such conviction, and federal or state law does not require
such disqualification or termination. Nothing in the policy shall be deemetl to deny employees
their disciplinary appeal rights under any applicable memorandum of understanding. The vFA
has also acknowledged that the City satisfied its MMBA obtigation to meet and conf-er on this
policy.
Fiscal lmpact
There is a minor fiscal impact to adopt the Criminal Background and Live Scan Policy of $82.00
for each new employee for the cost of the Department of Justice criminal Summary Background.
This amount can be absorbed in the Human Resources Department Line Item Budget pre-
employment Physicals and Exams for tjscal year 2015-2016.
Attachment(s)
l. Criminal Background and Live Scan Policy I-13
2. Tattoo and Body Piercing Policy I- l6
3. Alcohol and Drug-Free Workplace Policy III-1
4. Tardiness Policy III-4
5. Electronic Equipment and Systems Use Policy 5.1
6. Mobile Communication Device Use Policy 5.2
Page 3 of 3
City of Vernon, California
Human Resources Policies and procedures
Director of Human Resources
City Administrator
SUBJECT:
Number: I- 13 Efrective Date:
CRIMINAL BACKGROUND AND LIVE SCAN POLICY
PURPOSE:
The city of vernon is committed to providing a secure and safe environment for its
employees, volunteers, and memberb of the public. To that end. the citv counciladopted a resolution authorizing the H ran Resources Department and the police
Department to obtain State and Federal a on fromthe Department of Justice and Federal I loymentpurposes. The purpose of this policy is to e criminalbackground information is conducted in ac s
POLICY:
1.
2. General - The city shall not consider for employment,promotion, or lateral transfer a
such disqualification or termination. No
employees their disciplinary appeal rig
Understanding
I
Number: I-13 Efectiye Date:
J.
4.
City shall obtain criminal background
part-time employees and volunteers,
ees and volunteers who work with or
onsidered for promotion who have not
ocess.
Specific Convictions and Positions
A. With respect-to all prospective employees, current employees and volunteers, aconviction of any of the following P6nal code secticins, shall be qrounds iordisqualification or termination unless mitigating circumstances e-xist or theconviction is not related to the employment in question:
Section 68: Asking for or receiving bribes
Section 72: Presehtation of frar"dulent claims
Section 73, 74: Bribes for appointment to office
Section '187, 189: Murder
Section 192:
Section 203:
Section 209:
Section 21 1 :
Section 245:
Section 261:
Section 459:
Section 484:
Section 490.5:
Section 503:
Section 518:
Manslaughter; voluntary, involuntary, and vehicular
Mayhem
extortion or robbery
al property in possession of
fea r
Assault with a deadly weapon
Rape
Burglary
Theft
Shoplifting
Embezzlement - fraudulent appropriation of propefi by a
person to whom it has been entrusted
Fxtortion - obtaining property by a wrongful use of force or
fear or under a color of official right
d current employees and volunteers in
minors, in addition to Paragraph 4.A
es specified in Public Resources Codeds for disqualification or termination.
es Code Sectlon 5164(a)(2) include arebut not limited to:
1. Violations or attempted violations of Penal Code Sections 220,261.5,262,
273a,273d or 273..5,
2. Sex offenses listed in Penal Code Section 290 (excluding penal CodeSection 243.4(d)), including, but not limited to, penal Code- sections 2g8
and 311.
3. Any crime described in the california Uniform controlled substances Act(Division 10 [commencing with Section 11000] of the California Health andSafety Code). . Howevei, with the exceptioh of law enforcement, iny
marijuana conviction over two years old wiil not be considered.
4. Any felony or misdemeanor conviction within 10 years of the City's
2
5.
Number: l-13 Efective Date;
request for background informat
Chapter 3 of Tit-le I of the pen
Sections 211 to 215, wherein it
d current employees and volunteers in
r public records, in addition to paragraph
. following Penal Code sections snitt be
section 115, 115.3: Use of a false or forged public record or alteration of a
section424: Eilit:"i,:ffiJ.?t?3?5[?r::liJlofaccounts
Title 13, Chapter 4: Any violation of forgery and counterfeiting
Responsibilitv of Applicant. Emoloyee, or Volunteer
ln compliance with Labor Code Section 4
Human
a positi
on any
provided to appllcants.
The employee or volunteer shall
Department Head or his or her design
conviction has the potential to affe
employment, fellow employees or the
volunteer may report the information dire
Procedure for Criminal Backqround Records Checks
A. criminal record checks- conducted pursuant to this policy for applicants shallcomply with applicable federal and state law and the following:
1. The City shall- submit a completed print Card to theDepartment . of Justice and 'the 'of lnvestigations
accompanied by any other fo rs or i d by the ag?ncies
in order to obtain the criminal rckgro
2. Any information obtained from the Department of Justice or Federar
Bureau of lnvestiqations shall be used to'determine whether the applicant
is disqualified.
3. The. City shall expeditio_usly provide a copy of the information to theapplicant to whom the inforriraiion relates if the information is a basls foran adverse employment decision. When furnished other than in person,
the.copy shall be derivered to the rast contact information provided' by theapplicant.
6.
3
Nunber l-13 Efectiye Date:
4. n eehonbed
9ed
promoted pending the receipt of c
returned to the position in which
position is no longer available an alternative vacant oosition mav beoffered and considered on a case-by-case situation. The altern'ativeposition may or may not be equal to the position previously held.
A Inq City shall enter into a contract with the Department of Justice and theFederal Bureau of lnvestigations whereby the City will be notified of anysubsequent conviction or arrest informaiion conierning an employee or
volunteer.
1. Any.information about an existing employee's or volunteer's conviction(s)
shall be reported to the Human lesource's Director.
ing a conviction, the Department Head
Administrator, the Human Resources
y shall evaluate the effect and potential
teer's conviction or arrest on his or her
mployees, and the public; and shall take
liability. public safety and minimize potential
ater liability to the City, employees and/or
1l,1l i#:'T,' #ll l*? "'J.ffi',SJ""J'i:
linary procedures. All Civil Service
employees- are entitled to a pre-disciplinary hearing as provided by any
applicable Memorandum of Uhderstaniling. '
ding an arrest, if the Department Head or
inistrator, the Human Resources Director
resolving the matter. A "limited i
the same depth as may be an ir
imposition of discipline as..to an employee. For example, such a ,,limited
rnclependent investigation" could consist of examinaiion of arresucrime
reports and/or contact with involved law enforcement personnel.
7.
Nunber: l-13 Eflecliye Dqte:
t investigation", the Department Head or
nistrator, the Human Resources Director
rmine whether there is reasonable cause
in the arrest are true, and whether the
dible threat of violence or other criminal activitythat may affect City employees or the public. lf it is determined that theevidence does support theie findings, the City may take such actions as it
deems.necessary based on that evidence. Such actions may include, butare not limited to, placing an employee on paid adminis'trative l6avepending the resolution of the criminai case oi the conclusion of a fullindependent investigation oJ the underlying facts, holding the decision on
the .employment of an applicant or ner,ri hi-re in abeyanc6, or rejecting an
applicant or new hire.
5. Every employee or volunteer who has been hired or promoted subsequent
to the. adoption of this Policy, who passed the initial'screening, must'sign
an acknowledgment that cohvictiori of crimes listed herein or-determinSdto be substantially similar by the City may be grounds for disciplinary
action up to and including terrirination. -
Confidentialitv
ry information is confidential and shall not
Head on a need to know basis, Humanor. Any persons having
ing that the information is
well as dismissal from
employment, may result if the confidential information is misused.
Pursuant to Penal code section 11077, the Attorney General is responsible for the
security of criminal offender Record lnformation (coRl), and has ihe authority to
the security of CORI from unauthorized disclosuies.,i""r,If;::[ ,"f,[1r?l?;?ii"1,11",$Record.. Security for any agency that eives crihinal history
information:
A. lqcords $ecuity - Any inquiries regarding the release, security or privacv ofcriminal offender Record lnformation (coRl) is to be resolved by tiie Huriran
Resources Director or his or her designde.
B. Record Sforage - CORI shall be und
Department or Police Department wh
unauthorized access, use or disclosu
cards, "no criminal history" notificatio
shredding once a hiring decision
determination has been made.
c. Record Dissemination - coRl shall be used only for the purpose for which itwas requested by Human Resources.
D. Record Destruction - Unless a legitimate business need or statute requiresretention, CORI and copies of same obtained for employment, licensiig or
E.
F.
Nunber; l- l3 Efective Date:
certification pllposes shall be destroyed once a decision is made to employ,
license or certify the subject of record.
Record Reproducfion - CORI may not be reproduced for dissemination.
!o:1tlg. - The Human Resources Director and his or her designee with accessto CORI are required:
1. To read and abide by this policy.
2. To have on file a signed copy of the Employee Statement Form for theUse of Criminal Rec.old lnformation, -which acknowledges an
understanding of laws prohibiting misuse of CORI.
Penalties - Misuse of CORI is a criminal offense. Violation of this oolicv
regarding CORI may result in suspension, dismissal and/or criminal o'r civilprosecution.
G,
PROCEDURE:
Responsibility
Hiring or Promoting Department 1.
Human Resources Director or Designee 2.
City Attorney and Department Head
Action
Selects applicant and offers
employment, or selects employee
and offers promotion, based on
successful background checking.
Processes fingerprints and
submits to Department of Justiceand/or Federal Bureau of
lnvestigations.
Makes determination based on
report and informs the City
Administrator, City Attorney and
the Department Head if
unacceptable circumstances are
found.
ln consultation with Human
Resources Director, and the
City Administrator, only if dis-
qualification or termination is
not required by law, determines
whether any mitigating circum-
stances exist that permits
disregard of the conviction or, for
an applicant for promotion,
discipline less than termination.
lf the report is not acceptable and
sufficient mitigating circum-
3.
4.
Human Resources Director
6
7.
Nunber; l-13 Efective Date:
stances are not found, initiates in
consultation with the City
Attorney, the City Administrator
and the Department Head, the
action to be taken against
applicant.
Sends disqualification letter if
background on applicant for hire
or promotion is unacceptable.
Continues with the hiring or
promotion process if the report is
acceptable or sufficient mitigating
circumstances are found.
7
City of Vernon, California
Human Resources Policies and procedures
Director of Human Resources
City Adminlstrator
Number: I- 16 Effective Date:
SUBJECT: TATTOO AND BODY P|ERC|NG pOLtCy
PURPOSE:
It is the city's policy that personal work appearance should complement an environment
that reflects an efficient, orderly, and professionally operated organization. This policyis intended to define appropriate "personal business appearance" during normal
business operations.
For all Police Department personnel please refer to the police Department's Tattoo and
Body Piercing Policy.
For Fire Department personnel please refer to the Fire Department's Rules and
Regulations regarding Tattoos.
POLICY:
Employees of the city of Vernon are required to project a professional appearance
while at work. This policy shall apply when employees are engaging in official city
business or are otheruise representing the city. All city employees -re expected to
maintain high personal and professional standards. one of the most noticeable
expressions of these standards is personal appearance. All employees are
representatives of the City and therefore personal appearance should:
1. Present a professional or identifiable appearance for external and internal
customers as well as the public.
2. Promote a positive working environment.
3. Limit distractions caused by tattoos or body piercing.
4. Ensure and promote safety while at work.
Num b er ; -!_!1! Effe c t iv e Da te :Prohibited Tattoos and Body piercings
some tattoos and body piercing are unacceptable for work at any time. The following
list provides some examples, although it is not a complete list:
1. No tattoos are allowed anywhere on the head, face, or neck (excluding natural
cosmetic for eyebrows, lips and eye liners).
2. Any visible taftoos shall not be obscene, sexually explicit, discriminatory to sex,
race, religion, or national origin, and/or gang-related.
3. No visible tattoos or total combined area of tattoos shall be larger than 4 by 6
inches.
4. Any non-conforming tattoos will be covered with clothing or a bandage while at
work or removed.
5. No objects, articles, jewelry (including ear lobe expanders) or ornamentation of
any kind shall be inserted, attached to or through the skin if visible on any body
part including the tongue, any part ofthe mouth, nose or cheek. Two set of
reasonably-sized earrings may be worn in each lobe.
6. Any non-conforming piercing shall be removed, covered with a bandage, or
replaced with a clear, plastic spacer.
lf an employee has a question about how the tattoo and body piercing policy is
applicable to them, the matter should be immediately raised with their supervisor for
consideration and determination.
The city reserves the right to continue, extend, revise, or revoke this policy at its
discretion. Exceptions or exemptions to this policy require the prior approvai of the
Department Head and the city Administrator. Employees who were employed prior to
the adoption of this policy may request an exemption from his or her Department Head
and the city Administrator; such exemptions shall be granted as long as visibility of the
tattoo(s) and/or piercing(s) does not interfere with public safety or business operations
of the city. on those occasions when an exemption is granted, employees should
consult with their Department Director to ensure they present an appropriate personal
and professional appearance and are not displaying items inconsistent with this policy.
Special Accommodations
It is the intent of this policy to comply with all applicable state, local and federal laws
prohibiting discrimination on the basis of color, race, religion, sex, or national origin.
The Gity will make every effort to reasonably accommodate employees with a disability
or with religious beliefs that may make it difficult for said employees to comply fully with
the tattoo and body piercing policy. Employees should contaci their Department Head
2
Number: I-16 Efectiye Date:
to request such a reasonable accommodation. Department Heads and the HumanResources Department will work with the employee to develop a reasonable
accommodation to meet the employee's specific needs while complying to the greatest
extent possible with the general policy of the City of Vernon.
Disciplinary Action
Department Heads and managers are responsible for enforclng the tattoo and bodypiercing policy in their areas of responsibility. This includes documenting incidents
related to violations, monitoring situations to spot abuses, taking appropriate-and timely
action, and counseling employees who display inappropriite 'peisonal
business
appearance. counseling shall be conducted in a discreet and private manner. lf an
employee's personal appearance fails to meet policy standards it will be considered as
reporting not ready to work, and the employee may be sent home. Employees who are
sent home to comply with this policy must utilize their own accrued leave time, or time
off without pay. subsequent violations of this policy may lead to progressive discipline,
up to and including termination. Requests for advice and assistance in administering or
interpreting this policy should be directed to the Human Resources Department.
PROCEDURE:
Responsibility
Human Resources
Employees
Department Heads and Managers
Action
Employees shall receive the tattoo and body
piercing policy upon commencement of
employment and/or through initial email
distribution and by posting it on the City of
Vernon Human Resources web page.
Responsible for adhering to this policy.
Enforce the tattoo and body piercing policy in
their areas of responsibility. lf questionable or
inappropriate tattoos and/or body piercing are
displayed, the respective Department Head or
department supervisor/manager will hold a
personal, private discussion with the employee
to advise and counsel the employee regarding
the inappropriateness of the tattoo and/or body
piercing.
lf an obvious policy violation occurs, the
Department Head will hold a private discussion
with the employee and ask the employee to
1.
2.
3.
3
Number: ll1[ Effecth'e Dqte:
cover the tattoo and/or body piercing, or to go
home and change hisiher attire immediately as
appropriate.
I
Approved:
City of Vernon, Galifornia
Human Resources Policy and Procedure Manual
Director of Human Resources
City Administrator
Number: -!!!.-l Effective Dote:
SUBJECT: ALCOHOLAND ORUG-FREEWORKPLACE
PURPOSE:
To establish a zero-tolerance policy that maintains an alcohol and drug-free workplace
and to ensure compliance with the Drug Free Workplace Act of '1988.
BACKGROUND:
The City and the public share an interest in a safe, healthy and productive workforce.
City employees provide a variety of services. Many employees are responsible for or
operate expensive, heavy and/or high-speed equipment or vehicles. Other employees
are responsible for public safety and security. Some employees work with or around
electrical power and are required to work in challenging environments.
The intent of this policy is to maintain a safe, healthy, productive workforce, and to
eliminate and prevent substance abuse and its effects in the workplace. The City's
concern is that employees be in a condition to perform their duties safely and
effectively, in the interests of their fellow workers and the public, as well as themselves.
For purposes of this policy, impair or impairment shall be considered use by an
employee of alcohol and/or controlled substances, drugs, or medication, legal or illegal,
which impairs an employee's physical and/or mental ability to perform safely and
effectively the functions and duties of his or her position.
Both legal and illegal drugs can be broadly categorized as depressants, stimulants or
hallucinogens. Most drugs, even in very low doses, may affect the capacity of an
employee to carry out their duties safely. There are also a number of chemicals used in
workplaces, which can have a similar effect of types of drugs. Where these are used,
Nuuber: Ill- l Effecti'e Date.
training of hazatd control should be employed and employees should be educated
regarding the potential hazards.
POLICY:
The City of Vernon ("the City") is the recipient of federal funds that require certification
and notification to employees regarding promoting and maintaining a drug-free
workplace. ln accordance with the requirements of 41 U.S.C. 702-706, the City is
required to notify employees that:
1. The unlawful manufacture, distribution, dispensation, possession or use of a
controlled substance by City employees is prohibited on any City worksite, or in
any area controlled partially or fully by the City. Controlled substances are
defined by Federal law (21 U.S.C.S.812) to include any illegal drug or
prescription drug which has not been prescribed for the individual by a licensed
physician for the treatment of a current medical condition.
2. Any employee who violates the prohibition on controlled substances in a City
workplace or in an area either partially or fully controlled by the City may be
subject to disciplinary action up to and including termination.
3. All employees shall abide by this policy and report for duty without any
foreseeable impairment of drugs and alcohol.
4. Employees are required to notify their Department Head or designee of any
criminal drug statute conviction (include a plea of nolo contendere) for a violation
occurring in the workplace or in the course of their employment no later than five
(5) calendar days afler such conviction.
5. When the City receives notice of such a conviction of an employee, the City will
notify the Federal agency grant officer or other designee of the employee's
conviction, in writing, within ten (10) calendar days.
6. Within thirty (30) calendar days of receiving notice of such a conviction, the City
shall subject to any applicable legal procedures, undertake appropriate
disciplinary action against such employee up to and including termination; and/or
require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency.
7. Counseling, rehabilitation and assistance for employees who have substance
abuse problems is available through the City's Employee Assistance program.
Number: !!-l Effective Dale:
Additionally, substance abuse awareness programs are presented to inform
employees about the dangers of drug abuse in the workplace.
8. The City of Vernon is not responsible for the costs of participation in programs
under this policy. Employees may use options provided under their medical
coverage.
PROCEDURE:
Responsibility
Human Resources
Employee
Department Head
Human Resources
Department Head
1.
2.
3.
Action
Provides notice to employees of drug-
free workplace policy.
Provides d rug-free awareness
information programs.
Offers drug counseling and
rehabilitation programs through
employee assistance program.
Notifies Department Head or designee
of any criminal drug statute conviction
for a violation occurring in the
workplace within five days of
conviction.
Notifies City Administrator and Human
Resources of the conviction of an
employee.
Reports the conviction, in writing,
within 10 days to the Federal agency
grant officer or other designee of any
individual who is convicted for a
violation of a criminal drug statute
occurring during the conduct of any
grant activity.
Recommends appropriate disciplinary
action to department.
Takes appropriate disciplinary action
up to and including termination; and/or
requires employee to satisfactorily
participate in drug abuse assistance or
rehabilitation program approved by a
federal, state, or local health, law
4.
5.
6.
7.
B.
J
Nunber: A!-L Efrective Dale:
enforcement, or other appropriate
agency.
Employee 9. Participates in drug abuse assistance
or rehabilitation programs, as required,
utilizing their medical coverage.
Human Resources 10. Monitors disciplinary actions by
department.
.+
City of Vernon, Catifornia
Human Resources Policies and procedures
Director of Human Resources
City Administrator
Number: III-4 Effective Date:
SUBJECT:TARDINESS POLICY
PURPOSE:
To establish uniform standards for all regular full{ime and parttime employees for
reporting to work on time under their est,blished work schedule: and to 'esiablish a
system to enforce these standards and guidelines.
POLICY:
ronment, the City expects employees to be
duled work. ln the rare instances when
workplace and may lead to disciplinary
employment.
A. Reportinq to Work on Time
Employees are expected to report to their work station ready to commence work at
the beginning of their established start time of their daily work schedule.
A violation occurs when an employee is not at his/her work station ready to
commence work at their scheduled start time according to a specified work
schedule as designated by employee's supervisor. Department supervisors are
expected to monitor employee's violations based on the employee,s approved work
schedule, and to take corrective action in a timely manner.
Pre-approved temporary deviations from an employee,s regular work schedule do
19! apply to this policy. An employee who wishes to begin or end work at a
different time must obtain approval from his/her Department Head prior to working
the d ifferent time.
B. Notification of Beinq Late to Work
An employee who anticipates being late to work is expected to notify their
supervisor on duty before his/her scheduled start time or in accordance with
established departmental policy established for organizational needs. The
employee may not call and leave a message with another employee, but must
Nunber: III-4 Efective Ddte:
contact his or her supervisor or authorized designee on duty. lf neither person is
available, the employee should leave a message and contact the next person in
their chain of command or follow departmental procedures. lf the employee is not
at his/her workstation ready to begin work at his/her designated start time, and has
not called his/her supervisor, or designee, on duty, this will be considered an
unexcused tardiness. Poor attendance and excessive tardiness are disruptive to
the workplace and may lead to disciplinary action, up to and including termination of
employment.
Employees are to adhere to all applicable laws regarding the use of mobile phones
while driving. Should an employee be unable to call, employee shall notify his/her
supervisor immediately upon arrival.
When an employee is late, they are required to submit a leave request form to
deduct the time from any appropriate accrued time. However, a Department Head
at their sole discretion may approve altering an employee's work schedule to make-
up such time by working later, taking a shorter meal break, or making up time on
another day within the pay period.
While exact hours are not tracked for FLSA exempt employees, they are still
expected to comply with this policy. Please refer to Hours of Work Policy ll-4 and
exempt payroll reporting procedures.
C. Tardiness Violations
Department Heads and managers/supervisors are responsible for enforcing the
Tardiness Policy in their areas of responsibility. This includes documenting
incidents related to tardiness, monitoring situations to determine abuses, taking
appropriate and timely action, and counseling employees who display excessive
tardiness. Subsequent violation of this policy may lead to progressive discipline, up
to and including termination. Requests for advice and assistance in administering
or interpreting this policy should be directed to the Human Resources Department.
PROCEDURE:
Responsibility
Department Head
Employee
1.
2.
Action
Approves authorized work schedules
Reports to work station ready to
commence work at the beginning of
their scheduled start time.
Notifies supervisor, or designee, of
anticipation of being late to work.
Documents and maintains records of
late violations of employees under
his/her supervision.
3.
4.Supervisor/Manager
2
Department Head
5.
b.
Nunber: III-1 Efective Dole:
Counsels employee informally on
employee's first occurrence.
Prepares written notices of excessive
late violatlons, to include review of
attendance record, discussion of
problem areas, and a statement of
consequences if further violation of
policy continues.
lnforms employee of corrective action
needed.
7.
ELECTRONIC
EQUIPMENT AND
SYSTEMS USE POLICY
ADMINISTRATIVE POLICY MANUAL
Section 5.1 - Information Technology
Approval:
City Administrator
Effective Date:Responsible Department: City
Administration Department - Information
Technology Division
PURPOSE:
The purpose of this policy is to establish guidelines for the use of the City of Vernon's (.City,')
electronic information and communications systems, including activity involving City electronic
equipment and communications use, network access, lnternet use, and recording and imaging
devices. Electronic mail and faxes, which are transported over the internet, wired or wireless
telephone or data systems, are subject to all provisions of this policy.
POLICY:
The City's electronic information and communication resources, including all hardware, software,
temporary or permanent files and any related systems or devices, are the property of the city of
Vernon. These include, but are not limited to, the following: mobile and standard telephones,
computers, portable communication/computing devices, network equipment, software, electronic
mail, documents, spreadsheets, databases, calendar entries, lnternet and lntranet webpages and
postings, appointment records, task records, note any other work products which reside in part or
in whole on any city electronic system or equipment, whether city-owned, rented or leased.
The City's electronic equipment and communication resources are for conducting City business
and delivering City services, and are not intended for personal use.
lnasmuch as City electronic equipment and communicatlon resources are not intended for
personal business, no employee shall expect any right to privacy relative to the use of, the
information transmitted by or through, or the contents stores upon any electronic device or system
owned by the City. Regardless of whether the systems are used for conducting business and
delivery of City services or for limited and incidental personal use, the City reserves the right to
monitor electronic communications accomplished through city-owned equipment or while
accessing the City's network, servers or computers, on an as-needed basis. Any equipment
connected to the city's network is subject to the same criteria regarding privacy as city-owned
equipment.
Employees who use City electronic information and communications systems in a manner not
consistent with city policies may be subjecl to disconnection from the city network, and/or
disciplinary action up to and including termination.
Use of City computer and electronic communications resources by employees is
authorized in support of the mission of the city and the administrative functions that
support that mission.
Page I of l0
B.
U.
D.
Employees are expected to abide by the standards of conduct delineated in all otherchapters and sections of the city of Vernon Human Resources policies and procedures,
and any Administrative Policies, Departmental and operational policies as they may beapplied to the use of electronic communications, and the use and release of information.
Employees are expected to use city electronic communications and network systems witha high degree of professionar and personar courtesy. Employees must ensure that thetone and content of electronic communications are professional, exclude inflammatory
remarks or inappropriate language, and do not improperly release confidential or legallyprotected information.
Limited and incidental personal use of the city's resources such as lnternet access and
e-mail is permitted only as provided for in this policy. Employees may use city electronicinformation and communication systems and services fbr incidental personal use,
provided that such use does not:
1. lnterfere with the city's operation of electronic equipment and communication
systems and services;
2. lnterfere with the employee's job performance or other obligations to the City;
3. Burden the City with any additional costs; or
4. create a security risk with regard to non-pubric information maintained and
protected by the City. For purposes of this policy, non-public information shall
be defined as data or information classified by policy, regulation, federal or
state law as confidential, private, or privileged.
5. lf the City incurs additional costs for an employee,s personal use of the City
computer and electronic communication systems, the employee may be
responsible for reimbursement to the City and may be subject to disciplinary
action.
Fire Department personnel scheduled on 24-hour shifts may use the city's electronic
equipment and resources such as internet access and email during non-scheduled work
hours (i.e.; 5:00 p.m.) so long as the use does not violate any prohibited used contained
in this policy.
Employees shall not electronically post, send, copy or download material if any such action
would constitute a violation of City, state, federal or international law.
Employees shall not intentionally transmit, access, or store any material that is offensive,
harassing, or threatening. offensive material may include communications or images
conlaining sexual implications or suggestions, racial slurs, or any sentiment i-hat
addresses age, gender, marital status, sexual orientation, religious belieis, political beliefs,
national origin, or mental or physical disability in a derogatory or discriminatory manner.
It is a violation of this policy to transmit a message under another city user,s name, toforge an e-mail message, or to impersonate anothLr user.
E.
A.
B.
Page 2 of l0
D Unless specifically authorized by the City Administrator or his/her designee, employees
may not represent the City or any City department in electronic communication consisting
of any of the following:
1. Endorse, support, oppose or contradict any political campaign or initiative.
2. Endorse, support, oppose or contradict any social issue, cause or religion.
3. Endorse, support, or oppose any product, service, company, commercial
entity, public agency or public entity.
4. Appear in any commercial, social or nonprofit publication or any motion piciure,
film, video, public broadcast or on any website.
5. Any document put on the lnternet by the employee that identifies the City or a
department requires the appropriate Department Head's approval.
Employees shall not use City electronic equipment for any aciivity directed at personal
profit, including commercial solicitation or pursuing own business interests or those of
another organization or agency.
Downloading or installing software on any City computer or mobile device without the
permission of lT is prohibited. Software requests must be registered with the lT helpdesk.
Copying any City computer program for the purpose of using it on any other computer
without the prior consent of the lT Manager or his/her designee is prohibited.
Use, installation and/or distribution of computer games is prohibited.
Connecting any device to the City's network, wireless or wired lnternet, or any City
computer without authorization by the lT Manager or his/her designee is prohibited.
1. Employees attending conferences, training, or other business meetings that
are assigned laptop computers or other mobile devices may connect those
devices to wireless or wired network services in the employee's home or at
hotels, restaurants, airports, or other locations where network seryices are
offered by commercial providers without permission of the lT Manager.
Because the data is generally capable of being read by anyone with equipment
to intercept the transmissions, employees must not transmit confidential
information when connected to such networks.
2. Requests to connect non-mobile equipment to any network or to connect
mobile equipment to other private networks may be made through the lT Help
Desk.
City electronic resources and ancillary equipment may not be removed from the workplace
except with the prior written or verbal permission of the employee's department head and
lT Manager or their designees and only for job-related purposes.
Any act in violation of any person's or corporation's protection under copyright, trade
secret, patent or other intellectual property concepts is prohibited. This specifically
includes, but is not limited to, the installation or distribution of 'Pirated" software or multi-
media products using City systems.
E.
F.
b
H.
t.
J.
Page 3 of l0
L. Employees shall not perform any of the following: port scanning, security scanning,
network sniffing, keystroke logging, or other lr information gathering techniques when not
part of employee's job function.
M. Employees shall not knowingly introduce any malicious computer program onto city
systems.
N. Employees shall not attempt to circumvent user authentication or security of any City
Computer system.
O. Employees shall not reveal individual or network passwords to third parties.
P. Excluding City business, excessive use of City bandwidth or other computer resources is
not permitted. Large file downloads or other bandwidth-intensive business tasks that
may degrade network capacity or performance must be performed during times of low
City-wide usage. Please consult with the l.T. Department for alternativei in use of
bandwidth or downloading of large file.
O. Streaming media is allowed for job-related functions only.
R. Peer-to-Peer (P2P) networking is not allowed on the City network under any circumstance.
SECTION 3, SECURIry
A. General Securitv
unauthorized access to any city networks, computer systems, and data is prohibited.
Attempts to access unauthorized networks, computer systems, or data is equivalent to
achieving unauthorized access and subjec{ to disciplinary action up to and including
termination. Employees should take reasonable efforts to avoid accessing network data,
files, and information that are not directly related to his or her job function. Existence of
access capabilities does not imply permission to use this access.
B. User Account Creation & Termination
1. Human Resources must notify the lT Staff in the event of a staffing change,
which includes new employee activation, employment termination,
employment suspension, or a change of job function (promotion, demotion,
suspension, etc.).
2. Occasionally City guests will have a legitimate business need for access to the
City network. When a reasonable need is demonstrated, temporary guest
access is allowed. This access, however, must be restricted to only those
resources that the guest needs at that time, and disabled when the guest,s
work is completed. All guest accounts must be approved by a department head
and lT Manager.
Page 4 of l0
C.Passwords
A secure password policy is perhaps the most important security control the City can
employ.
1. Passwords should be comprised of a mix of upper and lower case
characters; a mix of letters, numbers and special characters
(punctuation marks and symbols); and be at least 8 characters. The
disclosure of any employee's business application, network or e-mail account
password or otheruise making the account available to any other person is
prohibited.
2. Access to employee accounts can be granted to supervisory and
management personnel by lT Department upon approval of the employee's
department head, City Administrator or designee, or Human Resources
Director.
3. Every workstation or computer server should be equipped with a password-
protected screen-saver with the automatic activation feature set for no longer
than 15 minutes. Exemptions may be authorized by the department head and
the lT Manager.
4. ln order to maintain good security, passwords should be periodically changed.
At a minimum, users must change passwords every 180 days. The City may
enforce compliance with this policy by expiring users' passwords after this or
another time period.
5. Since compromise of a single password can have a catastrophic impact on
network security, it is the user's responsibility to immediately report any
suspicious activity involving his or her passwords to the lT Manager. Any
request for passwords over the phone or e-mail, whether the request came
from City personnel or not, should be expediently reported to the l.T. Manager.
When a password is suspected to have been compromised the lT Staff will
request that the user, or users, change all his or her passwords.
Encrvption
Data encryption may be used only when necessary for the purpose of securing
information, as according to City requirements for confidentiality.
1. Staff shall notify their supervisors of their intent to use encryption and explain
how and why they intend to use it.
2. Once the approval is granted by the supervisor, staff shall give all encryption
keys to their supervisors prior to use.
Reportinq Securitv lncidents
A security incident can come in many forms: a malicious attacker gaining access to the
network, a virus or other malware infecting computers, or a stolen laptop containing
confidential data. when an electronic security breach is suspected, the city's goal is to
D.
E.
Pase 5 of l0
recover as quickly as possible, limit the damage done, and secure the network. lf an
employee suspects a security incident, especially the release of any confidential data,
he/she must report the incident to the lT Department immediately.
SECTION 4. PRIVACY AND ACCESS.
A. Riqht to Access
Users have no expectation of privacy in anything they create, store, transmit or receive on
the City of Vernon's network and computer system. All messages, data, photos and
attachments transmitted, accessed or received over City networks are considered City
records and are, therefore, the property of the City. The City reserves the right for any
reason to access and disclose, when there is a legitimate business purpose or legal
requirement to do so, all messages and/or electronic data sent over its network or stored
in its files. The City has the right to delete or retain any or all electronic files including e-
mail of a City employee who is no longer employed by the City.
The City does not systematically inspect all records, and relies on employees to report
offensive or inappropriate material to their supervisors and/or Human Resources.
B. Public Nature of Electronic Communications
Unless legally protected from disclosure, electronic communications on City-issued
equipment may be a public record like any other public document. Any communication
created, received, or saved on City networks or systems may be construed to be a public
document, and thus may be subject to legal requests for public disclosure.
SECTION 5. E-MAIL
A. Use
Use of third party e-mail providers, such as Yahoo or Gmail, for any City
business or communications is prohibited;
The foruarding of chain letters, junk mail, personal mass mailings, etc. is
prohibited;
All messages distributed via the City network or e-mail system, including
personal e-mails, are property of the City of Vernon.
lf additional costs for users' personal use of the City e-mail system are incurred,
users may be responsible for reimbursement to the City as appropriate.
Employees should not open e-mail attachments from unknown senders, or
when such attachments are unexpected.
E-mail systems were not designed to transfer large files and as such e-mails
should not exceed 30 megabytes in totalfile size including attachments. Please
consult with the l.T. Department for alternative transfer of large files.
Users are prohibited from deleting e-mail in an attempt to conceal a violation
of this or another City policy. Further, e-mail must not be deleted when there
Page 6 of l0
1
4.
5
b.
7.
is an active investigation or litigation where that e-mail may be relevant.
Employees should consult the City Attorney,s Office with regard to the
handling, printing and retention of electronic records or files.
Where it.is evident from the posting that the poster is an employee of the City, any
ideas or opinions expressed must be clearly identified as being those of ihe poster and
A.
not those of the city. specifically, the poster may not represent the ideas or opinions of
the city or any city department in social media and networking communication consisting
of any of the following without the approval of the city Administrator or his/her designeei
1. Endorse, support, oppose or contradict any political campaign or initiative.
2. Endorse, support, oppose or contradict any social issue, cause or religion.
3. Endorse, support, or oppose any product, service, company, commercial
entity, public agency or public entity.
4. Personal social media accounts and/or postings should not include any City
and/or City department logos, images, insignias, and emblems in a manner
that appears to represent the ideas or opinions of the City or any City
department.
B.Release of Confidential lnformation
Employees are expressly prohibited from releasing any privileged personal or confidential
information related to the City or its employees on any social networking sites.
C.
A.
B.
At no time during a response to a call for service will any public safety employee make
any posting or send any message or notification to any social networking site or texting
resource/outlet that comments in any way upon that departmental response, unlesi
directed to do so by a commanding officer/supervisor, and as part of a tactical response
to that call for service.
Any scene photography/video by City employees in the course and scope of their
employment shall be for clinical, documentation, or training purposes only, and conducted
by or at the direction of a department head or designee.
Any photography/video containing identifiable medical patient information is covered by
health privacy laws and shall be protected from disclosure in accordance therewith.
Page 7 of 10
c.
A.
No images taken by a city employee in the course and scope of his/her employment may
be used, printed, copied, scanned, e-mailed, posted, shared, reproduced, oi aiitriUuteO in
any manner without the approval of the department head or designee.
Definition
The Virtual Private Network ("VPN") Policy applies to all City of Vernon employees, subject
to overtime standards as provided for by law, and extends to others offered access to City
resources. The vPN extends the city's private network across a public network, such as
the lnternet. lt enables a computer to send and receive data across shared or public
networks as if that computer were directly connected to the City's private network, while
benefiting from the functionality, security and management policies of the private network.
The City's VPN allows employees to securely access the City's intranet while traveling
outside of the office.
Acceptable Use
VPN is available to employees for the purpose of providing an effective method to
communicate, increase productivity, perform research and obtain information that will
assist in performing job related tasks. Employees shall use good judgment at all times
when using the VPN.
Employees must submit a request for approval to the lT Department for any remote
connections to the City network, and VPN access may be revoked at any time.
Overtime Use:
Under various labor laws and Union/Association agreements, employees of the City, other
than FLSA exempt employees, must be compensated with applicable overtime pay for
any work performed outside of normal duty hours.
It is the policy of the city to avoid overtime work whenever possible. Any work conducted
on the City's VPN must be completed during the employee's normal work period. Work
conducted on the VPN outside of the normal work period for that employee must be pre-
approved by the department head, and be consistent with the City's overtime policy.
1. Non-exempt employees may not remotely access the City,s electronic
communlcation resources for any purpose outside of business hours other than
for resolving scheduling questions, unless pre-approved by the employee,s
department head.
2. All pre-approved overtime work performed through remote access to the City,s
electronic communication resources must be reported on the employee,s
payroll record on a weekly basis during the pay period in which it was earned.
3. Employees may not access the City's systems remotely with the intention of
waiving their right to overtime compensation. That right cannot be waived
under the terms of labor laws and is forbidden by this policy.
B.
c.
Page t of l0
4. Supervisors and managers are responsible for enforcing the provisions of this
section at all times. Specifically:
a. Employees shall be immediately informed of a detected violation of the
policy by any supervisor or manager who receives information to that
effect. Appropriate disciplinary action may be taken.
b. Supervisors and managers shall not give direct or tacit approval of any
employee's violation of this policy by granting overtime approval in
violation of City or departmental guidelines or by accepting the
employee's response when the response is generated outside of normal
work hours and proper approval to work the overtime has not been
given. lf an employee works overtime without authorization, he or she
is entitled to compensation for the overtime work, but may be subject to
discipline.
SECTION 9. CONFIDENTIAL DATA
1. E-mail messages sent to and received from attorneys representing
the City may contain confidential andior privileged communications. Attorney-
client communications and attorney work product should never be distributed or
copied without the express permission of the City Attorney's ffice.
2. Except for certain authorzed staff or as otheMise permitted by law, employees are
prohibited from accessing or attempting to access or disclose any secured
confidential, personal or medical information on any City computer system.
Page 9 of l0
I,
Electronic lnformation and Communication Systems policy
Acknowledgment
have read and understand Administrative
Policy
(Print Name)
Manual Chapter 5, Article 1 - ELECTRONTC TNFORMATTON AND COMMUNTCATTON
SYSTEMS POLICY and agree to comply with the requirements of the policy.
Employee Signature Date
Page l0 of l0
MOBILE
COMMUNICATION DEVICE
USE POLICY
ADMINISTRATIVE POLICY MANUAL
Section 5.2 Information Technology
Approval:
Ciw Administrator
Effective Date:Responsible Department: City
Administration - lnformation Technology
Division
PURPOSE:
The purpose of this policy is to provide clear guidelines for the authorization, distribution and
appropriate business use of Mobile Communication Devices (MCDs) by City employees and for
the establishment of a cellular phone allowance.
POLICY
The City of Vernon recognizes that cellular MCDs enhance the level of City services by
allowing employees to remain in contact with the office or with one another as the need
arises. Technology has now made MCDS both practical and economical for work-related use
and this policy establishes procedures and conditions for their authorization and use to
ensure accountability and to prevent improper use. This policy applies to the use of City
issued and personal MCDs for City business. The City shall ensure that cell phone use is
appropriate and that public funds are prudently spent. The use of licensed emergency
frequency radio communication devices by personnel are excluded from this policy.
SECTION 1: DEFINITION
MCDs include any mobile communication device that provides for voice and/or data
communications between two or more parties including, but not limited to, a cellular
telephone, a text message device, a personal digital assistant, a smart phone, an air card,
or a tablet that utilizes a wireless signal to provide lnternet access.
SECTION 2: ELIGIBILITY
A. Employees with a demonstrated need for regular use of a MCD for City business
may, at the discretion of the City Administrator, be provided with a City issued MCD
or a stipend for use of their personal MCD for City business. lt is exclusively the
decision of the City as to which option to provide where such a need exists. The
following criteria will be considered.
1 . Departmental requirements indicate having an MCD is an integral part of
performing the duties in the job description.
2. Employees who operate frequently in the field and use their MCD during the
course of the business day to communicate with remote City locations, with
support vendors, with members of the public, or who may receive regular city
business phone calls while off-duty.
3. Required to be on-call outside of normal work hours.
Page 1of5
B
4. Critical decision maker.
5. Quantity of calls/minutes used.
6. Need for access and frequent updates to calendar, email, contacts, and files
while not in the office.
Employees must submit a MCD Justification Form to receive assignment of any MCD.
The City provides for a two{ier MCD system.
A. Citv-lssued MCDS:
1.The City contracts with a service provider for a pool of minutes to be accessed
by users using a City-issued MCD. All City-issued MCDs are a public resource,
meant for expediting City business, and are intended for official City business.
The City recognizes that unforeseen circumstances may develop in which
personal calls result in incidental use. When personal use is found to be
excessive or abusive, employees may be required to reimburse the City for the
charges within a month of the City's receipt of the bill. Failure to reimburse the
City for excessive or abusive personal use may result in disciplinary action.
Employees should immediately report unauthorized use, theft or loss of a City-
issued MCD or accessory to their supervisor and/or Department Head and the
City lnformation Technology staff. ln the case of a lost or damaged City-
issued MCD or accessory, the employee may be responsible for reimbursing
the City for the value of the equipment if the employee is determined to be
negligent for its loss.
Communications via City-issued MCDs may be subject to discovery via the
Public Records Act.
Monthlv MCD Stipend:
The City issues reimbursement stipends to eligible employees who in turn provide
their personal MCD to use for City business.
1. ln lieu of a City-issued MCD, an employee may be paid a stipend for use of
their personal MCD for City business. The City Administrator will determine
which employees will be eligible.
2. Stipend allowances will initially be set as provided below. The lT Manager
may recommend adjustments to the rates based on the current market.
Stipend levels will be set at the beginning of each fiscal year and will remain
unchanged until the following fiscal year.
a. $25 per month for cellular only
b. $45 per month for cellular and data.
B.
Page 2 of5
SECTION 3: PLAN TYPES
3. The monthly stipend is intended to cover the portion of an employee's MCD
costs related to City business, and not off-set the entire cost of a MCD's
cellular or data plan.
4. The stipend allowance is not a wage substitute and is not considered taxable
income to the employee. The stipend does not constitute an increase to base
pay, and will not be included in the calculation of percentage increases to base
pay due to annual raises, job upgrades, benefits based on a percentage of
salary, etc.
5. Employees who receive a stipend must provide the City a cell phone number
where the employee can be reached. Repeated failure to respond to calls may
lead to revocation of a MCD stipend.
6. The MCD will be personally owned and under the ,responsibility of the
employee.
7. Employees approved to receive a stipend shall be responsible for purchasing
their own MCD and enrolling it in their own monthly access plan.
8. Non-FLSA Exempt employees shall not use their MCD for City business during
non-working hours without prior approval from their supervisor.
9. An employee receiving a stipend must be able to show, if requested by his/her
Department Head or the City Administrator, a copy of his/her monthly MCD
cellular or data plan charges. Employees should redact any personal or
confidential information from the document prior to providing to the City lf the
employee terminates the MCD cellular or data plan at any point, he/she must
notify his/her Department Head within five (5) business days to terminate the
stipend.
SECTION 4. SAFETY
A. Except in the case of an emergency, employees shall not use MCDS while driving unless
the device is specifically designed and configured to allow hands-free listening and
talking (California Vehicle Code 23123 (a)). Such use of a city-issued MCD shall be
restricted to business related calls or calls of an urgent nature while driving.
This pertains to:
1 . City-issued MCDs
2. Personal MCDs while being used for City business
3. City vehicles
4. Personal vehicles driven on-duty
With the exception of an emergency, employees shall not operate MCDs that may
distract from safely operating a motor vehicle. Using MCDs while driving leads to
increased risk of accident and liability to the City. To limit this risk, all employees
shall adhere to the following while conducting City business:
1. Use a hands-free device if employee must make or receive a call.
Page 3 of5
2. Make calls before starting the vehicle and proceeding to your destination.
3. Pull over or park in an appropriate manner before initiating a call.
4. Allow voice mail to handle the incoming calls and return them at your safe
convenience.
5. Calls, except emergencies, while operating a City-owned vehicle are prohibited.
6. Suspend conversations during hazardous driving conditions or situations.
7. Do not take notes, look up phone numbers, or telt message while driving.
C. Subsection B above does not apply to emergency services professionals using an
MCD while operating an authorized emergency vehicle, as defined in Section 165
CVC, in the course and scope of his or her duties (authority under 23123(d) CVC)
SECTION 5. SECURITY
A. Secure Usaoe
1 . Downloading or installing software, applications or programs on any City-issued
MCD without prior authorization by the lT Manager or designee is prohibited.
2. Connecting (excluding business use) any MCD to the City's network, wireless or
wired lnternet, or any City computer without prior authorization by the lT Manager
or designee is prohibited.
Downloading and streaming (excluding business use) materials, including, but
not limited to music, video, electronic literature, ringtones or copyrighted
material to any City-issued MCD is prohibited except where the City owns the
right to use or distribute the copyrighted material.
3. Any equipment connected to the City's network is subject to the same criteria
regarding privacy as City-owned equipment.
4. Sending or forwarding discriminatory, defamatory, obscene, offensive, racist,
sexually suggestive, or harassing messages via City-issued equipment is
expressly prohibited.
5. By using an assigned MCD,
security.
employees accept responsibility for their use and
Gonfidential Data.
1. E-mail messages sent to and received from attorneys representing
the City may contain confidential and/or privileged communications. Attorney-
client communications and attorney work product should never be distributed or
copied without the permission of the City Attorney's Office.
2. Except for certain authorized staff or as otheruise permitted by law, Users are
expressly forbidden from accessing or attempting to access or disclose any secured
confidential personal or medical information on any computer system.
B.
Page 4 of5
SECTION 6. PRIVACY
When using a City-issued MCD, or when conducting City business on a personally owned MCD,
employees should have no expectation of privacy in anything they create, store, send or receive
via the City's network or server.
Page 5 of5
TffiFdrreD
ECEIVED
BCT I tr 20t5
CITY ADMINISTRATION
c t c)(-rQldBli$'Uttc[,r r STAFF REPORT
HUMAN RESOURCES DEPARTMENT
oQhl5 2ols :
DATE:
TO:
FROM:
RE:
October 20, 2015
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources Department
City Council Will Receive a Presentation on the Goals and Accomplishments
of the Human Resources Department
Recommendation
A. Find that the update on the goals and accomplishments of the Human Resources
Department is exempt from Califomia Environmental Quality Act ("CEQA") review,
because it is a general policy and procedure making activity that will not result in direct
or indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378. Furthermore, even if it were a
project, because such activity will not have any effect on the environment, this action
would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(bX3),
the general rule that CEQA only applies to projects that may have a significant effect on
the environment; and
B. Receive and file this report.
Background
As part of the good governance reform, the City of Vernon hired Teresa McAllister, Director of
Human Resources on September 4, 2012 to oversee all salary and benefit sn-rdies, assist
departments in the hiring process, manage employee complaints and/or grievances, provide new
employee and City Council orientations, and update all personnel rules and regulations.
During the last three (3) years, the Human Resources Department has re-established itself as a
key and critical department to provide core human resource services, and attentiveness to all City
of Vernon employees and departments. The mission, vision and values of the Human Resources
Department is to provide exceptional and knowledgeable human resources support to the various
departments on personnel related matters and assist in the hiring and retention of talented people
who are self-motivated in order to deliver a high quality ofservice.
Page I of5
This is achieved by ensuring a safe and rewarding work environment that attracts, retains, and
develops professional employees. The department's function is to protect the dignity of
individuals, honoring their right to fair consideration in all aspects of employment and career
without regard to race, sex, religion, age, political beliefs, national origin, or marital status.
The department is responsible for the City's compensation plan, benefits, kaining programs, and
risk management for all employees and retirees. To fulfill its mission, the department conducts
the City's recruitment, testing, and selection process, oversees labor relations and enforces and
ensures compliance with the City's Personnel Policies and Procedures, MOUs and Federal and
State Laws conceming labor negotiations, grievances and disciplinary actions.
In line with the City's good govemance reform effons, Human Resources staff in cooperation
with various departments, and employee labor groups have made significant accomplishments
over the years as follows:
c In20l2, staff introduced the PARS Early Retirement Incentive Prosarn resulting in
citywide savings of approximately $ I .9 in year one and $8.1 savings over 5 years.
o Implemented a merit based personnel system for the administration of City personnel and
centralized the hiring authority and personnel matters within the office of the City
Administrator. The personnel merit system provides the means to appoint and promote
City officers and employees on the basis of merit, with due regard for equal oppomrnity
in employment, and free ofpersonal consideration and political coercion.
o Coordinated the Citywide Classification and Compensation Studv. The City had not
conducted a comprehensive classification and compensation system-wide study in over
five years. Over the years, this has resulted in misalignment of how classifications are
used in terms of assignment and level of responsibility, making it diffrcult to maintain
internal equity. A comprehensive classification plan is an integral component of
employer organizational procedures to ensure maximum effectiveness. The citywide
classification and compensation study resulted in one-hundred eighteen (118) updated
and new classification specifications and a comprehensive classification and
compensation plan.
. Negotiated with six (6) employee labor organizations resulting in five (5) two-year
Memoranda of Understanding (MOU) and one (1) three-year MOU. City staff and
representatives of each of the employee labor organizations met on numerous occasions
and conferred in good faith exchanging proposals conceming wages, hours, fringe
benefits and other terms and conditions of employment. As a result, the City of Vemon
and its employees approved a MOU effectuating various provisions related to salaries,
fringe benefits and other terms of employment for represented employees.
. Implemented the City of Vemon Personnel Policies and Procedures Manual to ensure a
more efficient and effective method in maintaining and managing the City,s persomel
Page 2 of 5
policies. The manual is designed to provide a uniform and consistent system for human
resource administration throughout the City. It will promote effective communication
among managers, supervisors, and employees. The manual will provide specific
information that secures the organizational interests and operational effectiveness of the
City of Vemon while maximizing the potential for high performance by staff. To-date
there have been forty-three (43) new and revised policies adopted by the City Councit
including a Workplace Injury and Illness Prevention Manual.
Implemented the Human Resources Manaqement System (HRMS) and Online Applicant
Tracking Module using the Eden and NeoGov platforms. The implementation of these
modules significantly reduced staff time to focus on more critical aspects of human
resources management. The HRMS provides staff with the capacity to monitor and
manage employee benefits, track and report on application processes, and screen and
conduct recruitment operations and personnel actions from a centralized computer
terminal. The HRMS saved stafftime ard increased productiviry.
Implemented various emoloyee morale and communication events such as, the
Halloween Contest, Employee Service Awards & Holiday Celebration, Employee
Quarterly Informational Meetings, Employee Bar-B-Que, Health and Wellness Fair,
VEEP Awards, re-implemented the employee newsletter (Vemonite) and Safety
Committee, and introduced the employee onJine suggestion box. Employee morale and
professional development progams create achievement-driven cultures, hcreases
productivity of the workforce, and maximizes and identifies potential talent and resources
for future leadership.
To ensure effective delivery of services, hired two (2) new staff, Senior Human
Resources Analyst and Human Resources Assistant. Provided cross-training within the
department whereby providing staff the knowledge and skills to better serve our
customers. Cross-training will ensure the City will have trained, quality human resources
staff to effrciently and effectively provide services into the future.
Implemented the Citv of Vemon College Volunteer Internship Program to provide
valuable on-the-job practical training and opportunities for College students to gain work
experience in a City govemment environment. The program exposes students to careers
in local govemment while developing and/or enhancing their professional skills and
abilities in a hands on work environment while applying their academic knowledge. To-
date, ten (10) volunteers have been utilized by City departments to assist in various work
proj ects.
Increased job aoplicant oool in an effort to attmct and retain the best-qualified personnel.
Human Resources staff has promoted intemships and job opportunities through
participation in local job fairs and outreach to various local colleges.
Page 3 of5
In 2015, the department continued to ensure timely recruitments by maintaining an
average day of hire on approximately seventeen (17) recruitments at 90-days or less
beginning from the date of recruitment to hire date. These recruitments entailed
processing 1,449 applications. The department administered nine (9) writter/performaace
exams, submitted over 2,590 recruitment related notices, and coordinated six (6) oral
board panels.
The Department continues to support "Going Green" and offers employment
oppom,rnities through e-mails to local cities and colleges and via an online electronic
employment application.
Updated the Citvwide Frinqe Benefit and Sala{v Resolution to ensure an efficient and
effective method to provide a uniform and consistent application for human resources
benefits and salary administration throughout the City.
Implemented Emoloyee Develooment & Succession Planning Trainine. Approximately
thirty-two percent (32%:o) of the workforce will be eligible for retirement within the next
3-5 years. It is imperative that the city maximizes its current resources and identiff new
potential talent and resources for future leadership.
o Provided performance evaluation training to all supervisors and managers to
ensure goals, objectives and plans for professional development are identified for
all employees.
o A series of leadership & management/supervisory skills training for all employees
is scheduled for November 201 5. Enhancing the skills, abilities, and training of
employees ensures a competent workforce and sustainability of programs and
services offered to residents and businesses.
o Provided Generational Training to all employees to identiff the challenges and
oppornrnities that exist with all ofthe various generations found in today's
workplace. The workshop focused on recognizing and optimizing generational
differences, communication, and inclusion.
In 2015, conducted twenty (20) surveys to compile statistical data for the purpose of 1)
developing new job classifications that will provide career ladders and establish more
stability in delivering services to the City of Vemon 2) making informed decisions 3) to
develop new policies and procedures impacting the organization.
As a result of the CaIPERS audit" five (5) former employees are awaiting CaIPERS
Administration Law Judge adjudication. All other matters have been finalized and staff
has taken all necessary corrective actions as instructed by CaIPERS to-date.
Page 4 of 5
o Good Govemance Reforms
As of October l),2015, one (1) final Human Resources' good govemance reform is
pending a response from JLAC.
Item 9 - To ensure that it develops complete and appropriate personnel policies
and procedures, the new Human Resources Director should ensure that the City's
policies and procedures include, at a minimum, an improved methodology for and
analysis of future salary surveys, ensuring that they are performed by staff or a
consultant with experience and expertise in the area of salary surveys.
o JLAC's response: The policies that the city reference do not address our
recommendation, specifically, they do not include "an improved
methodology for and analysis of future salary surveys, ensuring that they
are performed by staff or a consultant with experience and expertise in the
area of salary surveys"
o City's response: It is not feasible to outline a specific methodology for
salary surveys in the policies themselves, as most components of any
particular salary survey are mandatory negotiable items under the Meyers
Milias Brown Act. The policies place the responsibility of plan
maintenance, which would include the conduct or oversight of salary
surveys, with the HR Director, which is the staff position with the most
experience and expertise in the area of salary surveys.
o Health and Safety
On October 8, 2015 the City hired an Industrial Hygienist to perform an assessment and
review of the Health and Public Works Department's safety procedures, processes and
policies. The Industrial Hygienist will provide expertise consultation on the departments'
safety compliance and best practice procedures. The final report will be provided to the
City Administrator in early November 2015.
In conclusion, the Human Resources Department is well established to assist all City
departments in providing the best possible services to city residents, the business community and
the general public by ensuring a safe and rewarding work environment that attracts, retains and
develops professional employees.
Attachment(s)
1. None
Page 5 of 5
RECElVED
ocl 1 5 2015
t ECEIVED
ccT I 4 20t5
IrTv ADTVltNtSTRATI0N
CITYCLERK,SOFFICE STAFF
DEPARTMENT OF PUBLI
DEVELOPMEN
October 20, 2015
Honorable Mayor and City Council
Samuel Kevin Wilson$irector ot Pubtic Works, Water and Development
Services
Scott B. Rigg, Public Works and Water Superintendent SZ-
Change Order No. 2 to Contract No. CS-0533, General Pump Company
DATE:
TO:
FROM:
RE:
Recommendation
A. Find that Change Order No. 2 for the installation of a 4-inch Swage Patch at Production
Well No. 16, attached hereto, is exempt under the Califomia Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d),
because the project involves negligible or no expansion of use beyond that existing at the
lead agency's determination; and
B. Ratify the approval of Change Order No. 2 to Contract No. CS-0533 with General Pump
Company, Inc., expanding the services to include the installation of a 4-inch Swage Patch
at Production Well No. 16, at a not-to-exceed cost of $10,850.00.
Backsround
Production Well No. 16 (well), located at 4305 Santa Fe Avenue, in Vernon, CA, had its drive
motor and pump unit replaced by Weber Water Resources, Inc., in 2014 due to a decrease in its
production capacity. Upon completion of the motor and pump unit installaiion, the well was test pumped
to quantify the production capacity in terms gallons per minute (gpm). Subsequent testing found that the
well could produce no more than 700 gpm as a result of plugged perforations in the well-shaft and rhat
rehabilitation of the well-shaft would be required to clear the perforations.
On April 7, 2015, the Vernon City Council approved Contract No. CS-0533 for the Rehabilitation
of Production Wetl No. 16 to General Pump Company. Upon completion of the initial rehabilitation
process, a video log was performed to access the condition of the well-shaft. The video log found that the
well-casing has a crack located at approximately 534J'eet in-depth. General Pump recommended that a 4-
inch Swage Patch be placed over the subject crack to prevent the potential of sand and gravel from
entering the well. General Pump has also recommended that two video logs be performed. The first video
Page I of2
log will ensure the exact location of the crack. The second video log will verify the Swage Patch is
installed correctly. City stalT directed General Pump Company to perfbrm the work under a change order.
Fiscal Impact
Funds have been budgeted in the fiscal yeat 2O15-2016 budget under Account No.
020.1084.900000 to cover the costs associated with this work.
Attachment(s)
1. General Pump Company - Change Order No. 2 ro Conrract No. CS-0533
2. General Pump quote, dated October 1, 2015.
Page 2 of 2
CITY OF VERNON
DEPARTMENT OF PI]BLIC WORKS, WATER AND DEVELOPMENT SERVICES
CONTRACT CHANGE ORDER NO.2 STJPPLEMENT NO. _
PROJECT:
TO:
Rehabilitation of Production Well No. 16
General Purnp Company, Inc CONTRACTOR
SHEETlOFlSHEETS
coNrRACr.No. 83;
REQUESTED BY: City of Vernon
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in rhe plans and specifications of this contract. Excepr as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
The City of Vernon hereby directs General Pump Company, Inc., to prmeed with the installation of the Swage Patch
and video logs at Production Well No. 16, CS-0533.
Contract Amount (Base Bid)$l5 1.180.00
Amount of This Change Order $10,850.00
Amount of Previous Change Orders $I 5 I .180.00
Total Change Orders $162.030.00
Modifi ed Contract Amount S 313,210.00
By rea-son of this change order the rime of
completion \trrll be adjusred as tollows: 0 DayS
Approved:
Attesr:
Date:
Mark Whitworth, City Administrator
Maria Ayala, City Clerk
We, De undersigned Contractot have given careful consideration to $e change proposed and hereby agr€e, rf rhis proposal is approved, rhar we will provide all
labor, equipment and materials, including overhead, excepr as rnay otherwis€ be noted above, and perform all services necessary for rhe work above ;p€cifiqt. and
will accept as full paymenr therefore the pnces sho$n above.
Accepted Date:Conlractor:
Title:By,
c: Project File/Contractor/Purchasrng Rev 0-l/ l0
I59 N. ACACIA STREET + SAN DIMAS, CA 91773
PHONE: (9(X)) 599-9606 * FAX: (909) 599-62J8
CAMARILLO, CA 93010 * PHONE: (E05) 482-1215
w$.r .genpumP.com
WELL & PUMP SERYICE SINCE 1952
Sening Southern Califon ia and Centml Coast
October 1, 2015
City of Vernon
4305 Santa Fe Avenue
Vemon, California 90058
Amt: Scon Rigg
Subject: Well 16 - Sleeve Installation
Dear Scott:
Per your request, listed below is a quote for a sleeve installation at Well
videos (before and after).
Cost
. Install an approximate 4' swage patch (sleeve) at 534'.. Perform two (2) videos - before and after to assure the setting
is in the right location and that it was swaged properly.
Total Cost
Lic- #496765
Via Email
l6 that includes two
$ 9,850.00
1.000.00
$r0,8s0.00
The swaging can take place at this site in about two (2) to three (3) weeks.
Should you have any questions or need additional information, please do not hesitate to contact
us.
Thank you.
Sincerely,
GENERAL PUMP COMPANY, INC.
MicliaetBolart
Michael Bodan
President / Director of Engineering
RECEIVED
0c1 15 2015
CW CLERKSOIFICE
RECEIVED
ocT I 5 20t5
UPDATED STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVI
DEPARTMENT
CITY ADMINISTRATI
DATE:
TO:
FROM:
RE:
October 20, 2015
Honorable Mayor and City Council
Samuel Kevin Wilson, rector of Public Works, Water
Development Services Department
Continuation of Presentation/Discussion on the Options for
Housing Remodeling Project
City
Update
On October 6,2015, City staff presented updated information to the City Council relating
to the 2015/2016 City Housing Remodel Project for discussion purposes. During the
discussion. the City Council requested that staff provide additional information at the
October 20h meeting and continue the discussion at that meeting. This staff report
contains all information originally presented on October 6ft, as well as the additional
information requested by Council.
Presentation Item
The City of Vemon owns 31 housing units, of which twenty-six are within the City
limits. In and around 2007, nineteen of the Vemon housing units underwent a major
remodel. City Council has directed staff to prepare a contract to remodel the remaining
seven housing units. Based on the results of a recent market rent study of the seven
subject units, it appears that the ability of rents in the Vemon area to increase in
proportion to the level or extensiveness of a major remodel is quite limited. As such,
City staff and the Vemon Housing Commission is recommending that the City Council
revisit the scope of the remodel project and provide direction to City staff on the extent of
the remodel that should be undertaken for the seven remaining units.
Background
The City of Vemon owns twenty six housing units within the City limits. These housing
units were constructed in the 1940-60's era and consist of eighteen single family homes
and eight apartment units. In 2007/08 the apartment units and eleven ofthe single family
homes underwent a major remodel. Due to the economic recession, the remaining seven
Vernon units were not remodeled. Earlier this year, the City Council directed City staff
to commence the necessary steps to remodel the remaining homes to the same standard
that was applied in2007 /08.
Some of the tenants have approached City staff and requested not to have their homes
remodeled because they did not want to endure being temporarily relocated during the
remodeling process. In an effort to be fair, City Council has indicated that an opt out
option should be provided to all affected tenants. In order for each affected tenant to
make an informed decision, City staff thought it was important for each tenant to know
what the increase in rent may be as a result of the remodel. The City engaged an
appraiser to assist in determining what the rental rates of the subject units might be after
the upgrades were completed.r The appraiser determined that the rents for the remodeled
homes should increase by approximately $103 per month for providing new appliances in
each of the units and an additional $100 per month for the construction upgrades to each
of the units. If the City were to spend $5,000 on appliances, it would result in a 4-year
payback period. If the City were to spend $ 100,000 on the remodel, it would result in an
83-year payback period.
This information was provided to the City's Housing Commission on September 9,2015.
It was the Commission's opinion that a remodel related rent increase of more than
$250.00 per month would be diffrcult for the Vemon market to bear. As such, the
Housing Commission recommends that the remodel upgrades be reduced in scale so that
the cost of the improvements would be paid off by the rent increases in a much shorter
and more reasonable time period. Given that the appliances would result in a $103 per
month increase, this would leave $147.00 per month to be utilized towards remodeling
construction costs. Ifa period of fifteen years was used as a reasonable payback period,
it would result in $26,460 worth of improvements that could be made to each home.
City staff is looking for City Council's guidance on how much should be spent on the
remodel of each home. Attached herewith in Exhibit "A" is a list of improvements that
were made to the homes that were remodeled in 2007 with a dollar cost assigred to each
of the tasks that was performed. Actual costs for construction will be determined by
competitive bid. Additionalty, it should be noted that the City is required to make at least
five percent of its housing units (two units) fully ADA compliant. The cost of the ADA
improvements are in addition to the costs that are provided and are estimated to be an
extra $7,000.00 per unit most of which will be the cost ofa permanent, concrete, disabled
1 On a related note, the appraiser's scope also included the determination of the current
market rental rates for the subject units in their current condition, prior to or absent any
remodel work. Because it has been nearly four years since the last professional rent
survey, market rents for the subject units in their current condition have increased
significantly. The Commission is expected to conduct a comprehensive review of current
market rents for all City-owned housing units in early 2016, and establish updated market
rents lor all units by mid-2016.
ramp into each of the two homes. City staff has indicated on the exhibit its opinion on
the minimum amount of work that should be undertaken if a house is to be remodeled.
This includes kitchen, bathroom and laundry room remodels, interior painting, lead
abatement and flooring upgrades throughout the home. A total cost for the minimum
improvements is estimated to be $37,000. This would result in payback of almost 21
years at a rent increase of S147.00 per month.
Additional Information Reouested bv Citv Council
During the October 6n discussion, the City Council discussed the possibility of a two-
pronged approach to the remodel project, whereby minimal improvements would be
made while the units are occupied, and the full scope of improvements would be made
when the units become vacant. The City Council requested an estimate of what
work/costs may be duplicated under such a scenario. If, in the future, the City decided to
perform the full initial remodel scope after the minor remodel occurs, it would likely
result in the home having to be repainted and recarpeted at an additional cost of
approximately $6,000. This is due to new baseboards, doorjambs, electrical and
plumbing being installed in the walls and ceilings. Exlibit "A" has been updated to
reflect said costs.
The City Council also requested a preliminary draft of the opt out letter that would be
issued to each of the affected tenants, which is attached hereto as Exhibit "B".
City staff is seeking City Council guidance on what improvements should be made to
each of the homes. The City Council can pick and choose from those tasks included in
Exhibit "A" or request additional work beyond this scope.
Fiscal Imoact
Direction provided by City Council will ultimately determine the financial impact on the
City. However, funds were budgeted for the full remodel of four homes in fiscal year
2015-2016 based on the anticipated proceeds of the sale of three City-owned homes in
Huntington Park.
Attachment(s)
Exhibit -A" - Remodel Cost Esrimate
Exhibit "B" - Opt Out Letter
Exhibit A
Remodel Cost Estimate
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Exhibit B
Opt Out Letter
4305 Santa Fe Avenue, Vemon, Califomia 90058
Telephone (323) 583-8811
lDatel
[Tenant Name and Address]
Re: 2016 City Housing Remodel Project and One-Time Opt-Out Opportunity
Dear [Tenant Name]:
The purpose of this letter is to inform you of a recent decision by the City Council related to the
proposed remodel ofthe housing unit you are currently leasing at [subject address] (the
"Property"), and to provide you an opportunity to opt-out. Please nole that this is a one-time
opportunity, subject to the deadlines specified herein, and will not be available indeJinitely nor
offered again at a laler date.
In and around 2007 and 2008, the City, through outside conhactors, performed extensive
remodeling on nineteen (19) of the twenty-six (26) City-owned housing units in Vemon. Due to
the economic recession in 2008, the remaining 7 units were placed on hold and not remodeled at
that time.
In April 2015, based on a recommendation from the Housing Commission, the City Council
directed staff to commence the necessary steps to remodel the remaining seven (7) units,
consistent with the scope and standard utilized in 200712008. In August 2015, the City Council
decided to provide affected tenants an opporn-rnity to opt out of the remodel project, in light of the
significant disruption and inconvenience the associated relocation may cause and the potential rent
increase that could result, among any other reasons any tenant may have for wishing to opt out.
[Possible changes to the aforementioned paragraph or any additional information necessary if the
Council decides to pare down the original scope or provide a choice between the original scope
and a less extensive scope.]
Included in the following pages is pertinent information about the remodel project and additional
information City staffbelieves affected tenants would need or wish to have in order to make an
informed decision about whether to paaicipate in or opt out ol the remodel project. Please review
the enclosed information carefully, contact City Housing staff at (323) 826-7472 or
cityhousing@ci.vemon.ca.us with any questions or concerns, and complete and submit the
enclosed "City Housing Remodel Selection Form" by [due date].
E4ctusiae$ Inlustritt
[Date]Page 2
Remodel Scooe and Estimated Schedule
[Summarize the final scope determined by City Council and attach the corresponding exhibit
outlining the same, and provide an estimated schedule based on the final scope.]
The City plans to remodel two (2) units at a time in the following order that was established by a
random lottery selection at the June 2015 Housing Commission meeting:
. 3361 Fruitland Avenue
. 3365 Fruitland Avenue
. 4321Furlong Place
. 4323 Furlong Place
. 4324 Furlong Place
. 4325 Furlong Place
. 4328 Furlong Place
In the case ofeach unit, the remodel is expected to take up to [two (2) months or four (4) months
depending on final scopel.
Temporarv Relocation Durine the Renodel
In addition to the twenty-six (26) units in Vemon, the City owns two (2) condos in Huntington
Park, both of which are vacant and proposed to be used for the temporary relocation that will be
necessary during the remodel project.
Both condos are located in the same housing complex known as Northpark II and are subject to
the Northpark Homeowners Association Covenants, Conditions, and Restrictions (CC&R's),
which is attached hereto as Exhibit [ .1.
The complex is approximately 2.5 miles or a 5- to 10-
minute drive from Vernon City Hall. The units are specifically located at 2915 E. 60th Place, Unit
S, and 6010 Oak Street, Unit B.
Both condos are approximately 1,400 to 1,450 square feet in size. Both condos are tri-level units,
with a living room and half bath on the ground floor, the kitchen and dining area on the second or
midlevel floor, and two (2) be&ooms and two (2) full baths on the top floor. Both have an
attached two-cax garage with direct access into the unit, and both have approximately fifteen ( 15)
steps leading to the front door on the exterior of the unit. Both condos have a private patio, but no
yard and the Association's Board of Directors limits pets to one per unit. However, if any affected
tenants who wish to participate in the remodel have more than one pet, City staff would consider
requesting an accommodation from the HOA Board in light ofthe short duration of the tenancy.
If you wish to make arrangements to view one of the units prior to submitting the enclosed
participation or opt-out form, please contact Anthony Zarate at (323) 826-1472 or
cityhousins@ci.vemon.ca.us promptly and no later than [at least two weeks prior to deadline to
submit form].
City of Vemon, 4305 Santa Fe Avenue, Vemory California 90058 - Telephone (323) 583-8811
IDate]Page 3
All relocation options and protocols shall be consistent with the Procedures Regarding Temporary
Relocation of Leasees and Authorized Occupants, which is attached hereto as Exhibit I l.
Potential Rent Increases Resultine from the Remodel
In order to further assist affected tenants in making an informed decision when contemplating
whether to pa(icipate in or opt out of the 2016 remodel project, City staff commissioned an
updated rent survey ofthe seven (7) units and discussed those results with the Housing
Commission in September 2015. Based on the results of the rent survey and the Commission's
discussion, it is anticipated that rents would increase approximately $200 to $250 as a direct result
of any remodel work. Please note lhat this would be in addition to any increase that may result
from the comprehensive rent reyiew the Commission is scheduled to undertake in the early part of
2016 for all City-owned units.
The last comprehensive market rent survey and rent setting process undertaken by the
Commission occurred in late 2011/early 2012, and there are clear indications that the market has
improved since that time, so some level of rent increase is anticipated for all units, irrespective of
any remodel or other improvements. While the range of any potential increase that may result
from the comprehensive rent review is not known at this time, the Commission has historically
and recently demonstrated extreme sensitivity to and careful consideration ofthe level ofrent
increases the Vemon market can withstand.
If you have any questions or require further information, please contact Anthony Zarute at (323)
826-l 472 or cityhousing@ci.vemon.ca.us.
Sincerely,
Mark C. Whitworth
City Administrator/Flousing Commission Director
cc: Kevin Wilson, Director of Public Works, Water & Development Services
Anthony Zuate. City Housing
City of Vemon, 4305 Santa Fe Avenue, Vemon, Califomia 90058 - Telephone (323) 5898811
4305 Santa Fe Avenue, VemorL California 90058
Telephone (323) 583-8811
City Housing Remodel Selection Form
By signing below, I acknowledge that I have received, read, and understand the information
provided in the City's [date] letter regarding the 2016 City Housing Remodel Project and Opt-Out
Opportunity.
I hereby select the following option (mark only one):
I wish to participate in the 2016 City Housing Remodel Project and agree to be relocated to
either one ofthe two Huntington Park condos owned by the City.
I wish to participate in the 2016 City Housing Remodel Project and will make my own
relocation arrangements consistent with the terms ofthe Procedures Regarding Temporary
Relocation of Leasees and Authorized Occupants.
[Additional option(s) if the City Council decides to provide a choice between the original
scope and a less extensive scope.]
I wish to opt-out of the 2016 City Housing Remodel Project. I understand that this is a
one-time opportunity that will not be available or offered again at a later date.
SubjectProperty: [Addressl
Tenant Signature Tenant Signature
Tenant Name (Please Print)Tenant Name (Please Print)
DateDate
E4chtsive$ tnlustriaf
Exhibit
Northpark Homeowners Association
Covenants, Conditions, and Restrictions
',S c. :':lr r',a:-k I I' P. +. -Ri,x 880'Upland, CA 91785
UU -iUUUOUO
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
NORTHPARK I],
A Joint VenEure
This Declaration is nade August 21, 19SS by
NORTHPARK II, a Joint Venture ("Declaranl").
RECITALS:
Declarant is the owner of real properEy locateil in
Los Angeles County, California' which is more particularly
described as follows:.
LoEs I Ehrough 43 of Tract 43028 as Per maP recorded '
in Book \912-, pages 3 through 6 of HaPs''official
Records of the -ounEy Recorder oE said County' -
DECLAX,\TION:
Declarant declares thaE fot all of the ProPerty
describetl above, Declarant has filed Tract llaP Number ^43028in the office of the Recorder of Los Angeles county
a"=.riUing the project and that Declarant will thereafter
se11 lotsl eef6re-lelIing or conveying any such interest'
DecLaranE desires co subjelt all of the Development .to Ehe
following covenants, "on6itions, and restrictions which are
for the -pur5rose of proEecting tte value and desirability of
and which shatl run lrith the -reaI propertsy and be bind.ing, on
aIl parties having any ri9ht, title, - or interesE rn Ene
desciibed real Pro-Pert| or -any Part thereof,. their lrF.it!lsuccessors, and assigns and shall inure t'o the DenerrE oE
each owner and Declarant, Declarant's successors rn
interesE' and aIt future owners of lots in the DeveLoPment'
1. DEF IN ITIOITS
1.1 The "Articles" means the Association's ArEicLes
of Association and their arirendments.
!,2 The "Association' means the and refers Eo
NORTHPARK HO}iEO9INERS ASSOCIATlON
association, its successors and assigns.
an unincorPorated
RECORDED Ii'I OFFCIAL RECOF,DS
RECORDER'S OFFICE
LOS ANGILES COUNTY
CALIFORNIA-1-2\lrflN.1 pH.Nov 4 lsgS
1.3 The nBoardn means the Board of Directors of the
Associ ati on.
I.4 The "By1aws" mean the !.ssociationrs ByIaws and
thei r amendments.
I.5 The ncomnon A!ea" means all real property owned
by the Association for the common use and enjoyinent of the
owners. The Common Area to be owned by the Association at
the time of conveyance of the first ]ot is described as
follows:
Lots 39, 40, 4!, 42, and 43 of Tract 43028 as per,
map recorded in Book 1042, pages 3 through
-S_ , Official Records of the County Recorder of-
said County
1.6 The "Declarant' means NORTHPARK II, a Joint
venture, its successors and assigns, if such successors and
assigns acguire or hold record title to any Portion of tshe
Development for developmenE purposes.
I.7 A nl'iember" means every Person or entity who
holds a nrembership in the Association,
1.8 A nmortgagen means a mortgage or deed of trust
encumbering a portio; ot the DeveLoPnent' An 'institutional
mortgageet is a mortgagee tbat is a bank, savings and loan
assoiiition, or establiLhed mortgage comPany or other. entity
chartered under Federal or State Ialrs, any corporatron or
insurance company, or any Federal or State a-oency. - A
nmortgageen shali include the beneficiary under a deed of
trust.
1.9 An "owner" means each person or entity holding
a fee simple estate of record in a l-ot, including D-'claEInt'
"owner" shalL not include Persons or entities vrho hold an
interest in a lot merely as Eecurihy for the performance of
an obligation but shalI include i contract purcbaser of
record,
I.1O A "1ot" means any Pfot of land shown on any
recorded subdivision map of the DeveloPment with the
exception of the Comr,ron Area.
I ' 11 The "DeveloPment" means thai certain real
Property hereinbefore described and such additions thereto
is may he;eafter be brought r+ithin '.he jurisoiction of the
Associa'.ion.
B5-1305s05
2. DESCRIPTION OF COMI{ON INTERESTS, PROPERTY RIGHTS, RIGHTS
OF ENJOYIIENI AND EASEI'TENTS
2.L ownership of Lot. Ornership of each lot wiEhin
the DevelopmenE shaIl include a menbership - in thg
Association.- IlembershiP shalI be aPPurEenant t'o andl may not
be separated from owneiship of any IoE which is subject to
assessment.
2.2 Ownersr Non-Exclusive EasemenEs of Enjoyment'
Etc. Every owner of a lot shall have a non-exclusive
"ii"t"nf oi' u=" and enjoyment in, to, and throughout the
io**on Area of the oeveiolmenE and for ingress, egress; and
support over and through the Commo-n A-r.ea' Eot'ever' :such
noirlexclusive easements- shall be subordinate to, and EhalI
not inEerfere with, exclusive easements aPPurEenant to--lots
over the Comdon Area, if any. Each such easement shal1 be
;p;uti;;unt io and pass with'the titl-e to every Iot, subject
Eo the folJ.owing rights and restrictions:
2.2.1 The right of the Association to Iimit t'he
number of guests, and to adopE the Association rules and
i.griiti;=' (-"-Jsociition nurls') regulating the use and
enjoynent of the Common Area.
2.2-2 The right of the Association to borrow money
to improve the Common Area.
2-2-1 The richE of Declarant or its designees to
enEer on the DeveloPme-nt, to construci the DeveloPmenc' ano
to make rePairs an-d rernedy conseruction defects' if such
ent.ry does not interf... ,ith the use of any occupied lot
unless authorized by the lot oHner.
2-2.4 The righE of the Association' or its agents'
to enter any loE as ne
construction, mainEenance, o
benefit of Ehe Common Area o
right shall be immediate in ca
in, or threatening, such Iot
made only after r eas onab I e
occupant.
2,3 Delegahion of Usei TenanEs' 'l\nv otrner may
delegate his right- of use and enjoynenE in the DevefopmenE'
including any recreaiional facilities, to the members of his
famity, iis -gueses, inviiees, and to such oEher Persons. as
;;t tt' peini.€tea ui !i,e provisions of the DeclaraLion' the
eyiu*=, and the Asiociation RuIes. Each or+ner shalI notify
85-1.305505 -3-
the secretary of the Association of the names of anY tenant
of his. rich olrner, or tenant, shall also notify the
Secretary of the names of aI
tenant has delegated any righ
Developnent and the relaEionsto the olrDer or tenant. An
enjoynent are subjecE to sus
are the rights of owners,
2.4 llinor Encroachments' Each 1ot and the Common
Area is hereby declared to have an easement over all
adjoining Lots- and Ehe Common Area for the PurPose of
aclommoditing any encroechmenE due to engineering errors,
erroEs in originit construction, settleme:1t cr shifting of
any structure, or any other similar cause, and any
eniroachment due to stru-cture overhang or projection whe-tber
roof, eaves, or otberwise' There shalI be valid easements
for the maint6nance of said encroachment so long as it sha1l
exist' and the rights and obligations of owners Ehal1 not be
altered in any way by said encroachment' settLing, ot-
shifting; provfded, -how-ever, that in no evenE shall a valid
easemen['f6r encroachnent be created in favor of an owner if
said encroachlDent occurred due to the wi]lfuI act or acts of
said owne!. In the event a structure on anY Iot is
partially or total-Iy destroyetl, andl then repaired. or
iebuilt,- tbe owner; of srid lot agree that nln95
encroaclments over adioininq lots and the Common Area shall
Ue permittta and that -there ihall be valid easenents for the
maiirtenance of saicl encroachments so 1on9 as they shall
exisb.
2.5 Easements Gra
Association shall have theparty easements and r igh ts-of
Common A!ea for purpose o
rnaintaining lines, cables, wifor electricity, cable tele
other purposes-, seHers, storm drains and pipes, water
systen' sp.inkling sysEems, heating and gas .1ines or -PiPe,s,-nd any similar p[Ufic or quasi-puSlic facilities, and ea-ch
purchaser, in aclepting a deed to a Lotr exPressly consents
lo such easements. - Hoviever, no such easement can be granted
if ii woul-d interfere with the use, occuPancyr or enjoyment
by any owner of his lotr any exc).usive easements over the
Common Area appurtenant to the 1ot, or the recreational
facil-ities of the Developnent.
3. USE RESTRI CTIONS
3,1 Residential Use.
B5-13C5505 -4-
Lots shalt be used for
residential Purposes only. Nothlng in .this DecLaration shall
prevent an oin.-r from teasing or renEing.his lot' Hovrever'
iny suct, arrangement shaIl -be in wri'.ing "ld. "nJ -1"t-"1!shill abide by- and be subjecE to all .Provisions ot tne
DeclaraEion, A?ticIes, aylaws, and Association Rulest aly
lease or rental agreement- musE specify that failure to abide
bt- =r"h provliio,is shall be a -default under tbe lease or
rental agreement.
3.2 Commercial Use. ExcePt as ot'hervrise provided
herein, no ParE of the DeveloPnent stlall be used or allowecl
to be' used', airectiy or iidirectty, for any business'
comrnercialr'manufactuiing, nercantile, storing, vending' or
other such non-residenEial PurPo se
3.3 Haintenance. Each owner of a 1ot shall be
..spott"iUiu for mainEaining ancl r.epai-ring lh" il!::i-9:
poriion of any sEructure located on his Iot and any -wlnoowsio.ut"a in said struclure. Ee shall al,so be responsible for
the mainLenance, r eP la c elIen t,
electrical systems servicing
underneath, or above the ouE
bearing wal1 of anY said stru
equipment located therein. Ei
;E;i;;;;-."d t"pul. heatins antl air .conditioning equipment
i.i"i.ir:,g his :.i t wherevei s lid equiPnent may be rocated'
u"iui" oiherwise provided in this -Detlaration' each owner
=i,.if .:-e.n and maintain exclusive easements over the common
Area appurtenant to his lot.
3.4 Offensive Conduc
offensive activities, includi
of automobiles, boaEs, or othe
carried on within the DeveloP
any television or radio anEenna o
i.t"iuing or broadcasling device wi th-o-u E the Prior yr.i-tlgn
consent of the Boara. --'io o*nur 5ha1] interfere with': the
established ilrainage Pattern over the DeveloPment unress ne
makes an ' ProPer ' drainage
'h^ d!!^h consent of the
;;;';.;; Pattern' is.that
patEern arant
-
comPl e Ee s
construcE ment or such later graorng
changes as ma], be approved in writinq by the Board' Nothing
;h;1i- be do n-e witrrin the Devel-oPmint- which nay. become a
nuisance to its tu=ib."i", or th;t in any way interferes
,ith ti'," quieL enjoyment of occupanEs of the lots'
3.5 Parking Restrictions, Use of Garage' U-1Ie3s
otherwisi PermihLed-uy ef,e Board, no automobile shall be
E5-13C5505
-5-
Parked or left on any Property subject to this Declaration
othe! than on or within a garage. Any garages or carPorts
shaLl be used for parking vehicles only and shal1 not be
converted for living or recreational activities.
3.6 Signs. No signs of any kind shaIl be clisplayed
to the Public view on or from any lot or the Common Area
without the aPP!ova1 of the Board' However, one sign of
customary and - ieasonable dimensions adverti sing - a -1ot - for
sale or ior rent may be placed within each lotl the location
and design of it to- be subject to aPProval by the Board.
3.7 Fences, Etc. No fences, awning, ornanental
screen doors, sunshades, or vaIls of any nature shal-I be
erected or naintained on or around any Portion of' any
structure or elsewhere within the Development or else"rhere
within the Development except those that are installe? in
accordance .irith the original construction of the
Development, and their replatements, or as are authorized
and approved by the Board.
3,8 Animals. No animals, rePtiles, rodents, birdsr
fish, livestock, or PouLtry shall be kept in any- Iot or
elsewhere lrithin the develofment, excePt that domestic dogs,
cats, fish, and birds insidt cages may be kePt as household
pets within any Lot so long as they are not kept, bred,.. or
iaised for commerciaL purposes. The Board can Prohibit
maintenance of any animal that constitutes a nuisance to any
other owner in thE soLe and exclusive opinion of the Board.
3.9 Restricted Use of Recreational vehicles' Etc'
No boat, truck, trailer, camper, recreational vehicle, or
tent shall be used as a living area while located within the
Developnent,
3.10 outside Drying anil Laundering' No exEe-rior
ciothesLires shall be erected or maintained and there qltalI
be no exterior drying or laundering of clothes on balconies,
porches, or oEher areas,
3.11 SEructural ALterations. No o\'rner sha]1 at his
expense or otherwise make any alterations or modifications
to the exterior poriions of tEe buildings, fences, railings'
or wal1s situated wj.thin the DeveloPnent uithout the prior
r{ritten consent of the Board. No o\.'ner shall- install an
adoitional air conditioning unit or rePlace an existing air
conditionin-o unit r+ithout the Prior lrritten consent of the
Board, which shaII have the ri-aht to aPProve or disapprove
tire size, shape, noise 1evelr and proposed location of such
uni t.
85-13C5505 -6-
3.12 comPliance with Laws, Etc. NoEhing shall be
done or kept in iny lot or in the Common Area that- might
increase Eie rate -of , or cause the cancelLaEion of, E'he
Developnentts insurance uiEhout the Board's. prior written
consenl. No owner shall permit anythlng Eo be done or kePt
in his Lot Ehat violates any law, ordinance, statute, rule,
or regulation of any 1ocal, county, sEate or Federal body.
3.13 Ownerrs ObIigaE.ions for Taxes. To Ehe exEent
allovred by law, all loEs, including their Pro raga undivided
interest in the Common Area anal lhe menrbership of an owner
in the atelY assessed and taxed
so Eha charges r'rhich maY bEcome
liens undei local law shall
relate lots and not to - the
DeveloPment as a whole. Each otrner shall be obligated to
pay any taxes.'or assessments assessed by the county assessor
agiinst his Iot and against his personal ProPerty.
3.14 Enforcenent. The failure of any owner to
comply with any provision of Ehe Declaration, the ArEicles,
or Bf1aws strait- give rise to a cause of action in the
Assodiation and aiy aggrievetl owner for the recovery of
damages, injunctive relief, or boEh.
4. TITE ASSOCIATION
{.1 Formation. The Association is an'
unincorporated association formed under- the f.t":"- o-! !I:Stsate of California. on the close and recording ot En9
first sale to an oener' the Association shall- be charged
eri t.h the duties and jnvested Powers set forEh in the
A!Eiclesr Bylaws, and Declaration, including, but no!
limitetl Lo, -control ancl mainEenance of the Common Area and
any Common Area facilities.
4 -2 Association Ac
Officers. Except as to matfeas set forth in the Declarat
Association's affai E s shal1
such officers as it may elect
appointmenE shall be in comp
the Bylaws and their amendments.
4,3 Powers and Duties of the Association'
4.3.1 Powers. The Associacion shall have the Power
to do any Lawfu1 thing that may be authorized under the
Declerati-on, ArticIes, or Bylav;s and to do any act that may
B5-13C550s -7-
be necessary or proPer for or incidental to the exercise of
any of the- exprisi Po\r,ers of the Association, including,
without limitation, the following:
d.3.1.1 Assessmeiris. The Association shall have
the power to esEablish, fix, levy assessments against the
owneis of lots and to enforce Payment of such assessments in
accordance with the provisions of the Declaration.
{.3.1.2 Right of Enforcement. The Association in
its own name and on iEs own behalf or on behalf of any owner
who consents can commence and maintain an action for damages
or to restrain or enjoin any actual or threatened breach of
any provisions of the Declaration, Articles, or BylaHsJ or
of the Association RuLes or any resolutions of the Board'
and to enforce any of thosE provisions by mandatory
injunction or otherwise. In additionr the Association,
through its . Board of Directors can suspenil tbe voting
rights. can suspend use privileges of the Common Area, or
can assess monetary penalties against any olrner o! othe!
person entitleil to exercise such rights or privileges for
iny vioLation of the Declaration, Articles, By]aws'
Associationrs Rules, or Board resol-utions' Eowever, any
such suspension of use privileges cannot exceed a period of
thirty (1 01 days for iny one'viotation and cannot exceed
twenty-five dollars (S25.00) fot any one violation' No
cliscipline may be imposed against an owner unless he is
given- f ifteeri' (15) -days' plior notice of the proposed
discipline and the reaions therefor and he is given the
opportunity to be heard (eitber oral-1y or in writing-) lotI-els than- five (5) days before the proposed discipline
becomes effective. Such Prior notice may be given by any
methoil reasonably calculated to provide actual notice' Any
notice given b, mail nust be given by first-class or
registerld maiL sent to the owner, all according to the
provi sions of Section 17 .5 of No'discipline shall be imposed ega u4fess
procedures for notice and hearing inimum
ieguirements of corporations Code S lfo$ed
with respect to tbe accused owner before a decision to
impose discipLine is reached. The Association is prohibiied
from causing a forfeiture or abridgement of an owner's right
to the fuli use and enjoyment of his 1ot because of his
failure to comply r^,ith the provisions of the Declaration,
Bylaws, ArLicles, Association's RuLes, or resolutions of the
Board except by court judgment, arbitration award, or on
account of a foreclosure or sale under a power of sale for
his failure to pay assessments duly tevied by the
Association, eni monetary penal.ty - inrposed b1' the
A.ssociaLion as a disciplinary measure for failure of a
85-13Cs505 -8-
member to comply vrith Provisions of the Declaration, ByIaws,
Articles or said Rules or resoluEions or as a means of
reinbursing the Association for costs incurred in the. r.epair
of danage -tso Ehe Conmon AEea and faciliEies for which the
member was alIegedly responsible shall not give rise to-a
lien against the nemberti lot and shall noE be enforceable
under Section 7 of the DeclaraEion. NoEwithstanding the
foregoing, charges imposed against an owner consisting of
reasonable late paymenEs, penalties for Ioss of interest,
anil costs and aEtorneyts fees reasonably incurred by the
Associat.ion in its efforEs to collect delinquenE assessments
shal1 give rise to lien rights under section 7 of the
Declaration
4.3.1.3 Delegation of Powers. The AssociaEion,
acEing by and through the Boarit, can delegate iEs Powers,
dut.iei, ind responsiUitities (excePt wiEh regard to imPosing
discipline, .'levying fines, or holding hearings) . to
commi-ttees or em-ploiees, including a Professional managing
agent. eny agreemint for Profestional nanagenent of. the
D;velopment- shllI be terminable by either Party Hi-th or
withouL cause and wiLhout Palrment of a termination fee on
thirty (30) days' r.rritEen nitice. The term of any such
agreeinent shal-L- not exceed one (I) year, aLthough it may be
renewed by the Board from year to yeaE.
4.3 .1.4 Association Rules. The Association shaIl
have the Povrer to adopt. , amend, rePeal its rules as it
deems reastnable. However, the Association rules shall not
be inconsiJtent !.'iEh oi materially alter any ot'her
provisions of this Declaration, the Articles, or the Byl,aws 'i coPy of the Association rules as adopted, amended or
rePeal-ed, shaII be mailed or otherwise delivered Eo each
owirer and a copy shal1 be Posted in a conspicuous PLace
within the oevelopment. In case of conflict between the
Association rulef and any other provisions of rthlsDeclaration, the Articles, oi Bylaws, the provisions of the
Association rules shalt be deemed superseded by the
provisions of this Declaration, the Articles or the Bylaws
Eo the extent of any such inconsistency.
4.3.2 Duties of the Association. In addition to
the Powers delegaLed to iE by its ArEicles or the Bylavrs,
and 1{ithouE l-i;iiing their -generaIiEyT the Association,
acEing by and through Ehe eoird, or Persons or entities
descriued in Section 4.3.1.3, has the ob1igation to conduct
aIf business affairs of cor,lmon inLerest ho all owners and to
perform each of the folLoliing duties:
B5-13C5505 -9-
4.1,2.1 Operation and l'laintenaDce of Comnon Area'
To oPerate, maintain, and other$ise manage or provide for
the operation, Eaintenance,Area, and all its facilities,including private driveways,by the Association, incl ud
fi r st-class condiEion and inconnection the Association
services or materials for thethe Common Area, including contracts with Declarant. The
duration and term of alf luch contracts shal} comply with
Article vIII, section I5 of the Bylaws'
4.3.2.2 Taxes and Assessments. To Pay a1l real- and
Personal ProPerty taxes and assessment and all other taxes
ievied agii.nit fhe common Area, Personal property owneil by
the AssoCiation, or against the Association.
4.3.2.3 I'later ancl Utifities. To acguire, Provide
and pay for t7ater, selrer, garbage disposal, ref u-se . and
r ubbi-shi collection, electrical,. tLlephone, 9as and -ot!ernecessary utility 'services for the Common Area and for
improvem-ents upoi Iots rghen the oHners are not separatelY
billed. The tern of any contract to suPPIy any of- the
listed services shatl nof- exceed one (]) year or, if the
supplier is a regulated public utility, the shortest term
foi- which the s-upptier -wiI . contract at the aPplicable
regulated rate.
4.3 .2.4 Insurance' To obtain from reputable
insurance cornpanies and maintain the insurance described in
Section 8.
4.3.2.5 Enforcement of Restrictions and RuIes' To
perform such other acts, ehether or not exPressly authorized
by this Declarationr that nay be reasonably necessary to
.'r',f orce any of the' provisio-ns of this Declaration, . the
Artic.Lesr iylaws, and- the Association's rules and Bbard
resolutions.
4.3 .3 LiJnitations on Authority of Board' ExcePt
with the vote or uritten assent of (1) a majority of the
total voting power 05 the membership and (2) a majority of
members other than Decl-arant, the Board shalL not take an!'
of the following actionsr
4 .3 .3 .1 rncur aggre-cate exPenditures for capital
improverirc-nts to the Common Area in any fiscal year in excess
of- five percent (5t) of the budgeted gross ev-penses of the
Association for that fiscal yeari or
85-13C5505 -10-
4.3.3.2 SelI during any fiscaL
Lssociation having an aggregate fair-
Lhan five percent (5t) of the budgeted
Association for thaE fiscal yeart or
4.3-3.3 Pay conpensaLion to menbers of the Board or
to officers of the essociation for services performed in the
conduct of the associition's business' Hotr-ever' the .Board
;;;--;r; i roemu"r-if - tne Boartl or an of f icer to be
reinbursed for exPenses -incurred in carrying on the business
of the Association.
4.4 Regular Heet i ng
meeting shall be held as soon
of the Association, and the
hold office until the first a
Ehe BoaEd of .birectors shall b
meeting. The first annual
Association shaIl be held wit
the closing of the sale of
fifiy-first ( 51sE) PercenEileby ihe caLifornia Comrnission
first rublic RePort for the
laEer than six (6) months afte
the sale of the first ]
Thereafter, regular nee ti ngs
shall be held at leasts once i
and place as prescribed in the Bylaws'
4.5 sPecial I'leeiing
shaII be Eiven not less th
sixty (60) dayS before the L
forth the pIace, date, a:rd
naEure of the business to
through its designated
a Ete:rd anY such meeEing
the meeEing. AII such
Developmeni or at a Place as
presence at any meeting, in-
LntitLed to casE at least f
votes of all members oi the
cuorum. Ii any .""ting cannoL be held because a quorum rs
;;;';;;=";f ,
*'t' *nlii- ..presentine a majoritv.. '1,*:,"'"::'"pres6nt, eitsher in Person or by Proxy' may duJUu,r
year ProgerEy of the
narkeE value greater
gross exPenses oi the
/,4t'55t'j-rL-g5
neeting to a time not less than five (5) days nor more than
thirty (30) days f roru the date that the original meeting was
cal1eE, aE which adjourned rneeting the quorum requirement
shall be at Least twenty-five Percent (25S) of the total
votes. Ary meeting of members aL which a quorum is present
may be adjourned for any reas lve
(5i days -nor nore than thir of
such meeting by members repre tes
present in perlon or by pr the
idiourned rnieting is not-t the
original meeting or if for xed
for the adjourned neeting af the
time and place of the ar5jou to
members in the manner prescribed for regular meetings. '_
A.5 Financial statements of the Association' The
Association sha1] prepare and distribute to a1l nembers and
to any r,rcrtgagee rtqulsting the financial data as sPecified
hereii, regE'r-dless -of the number of its members or the
amount of its assets.
4.6.1 A budget for each fiscal year including' but
not timited to, the following information shall be
distributed not less than forty-five (45) days before the
beginning of each fiscal year: (a) esLirnated revenue and
expenses on an accrual tasis; (b) the amount of the
As!ociation's total cash reserves currently availab.Le for
replacement or major repair of common facilities and for
contin-oencies; (c) an itemized estimate of the remaining
life oi major components of the Conmon Areas and facilities
for which -the asiociation is responsible and a summary of
the proposed funding rnethods to effect rePairs, replacement-l
or aEditions to sanre i (d) a general statement setting forth
the Association's procedures -used to calculate and establish
reserves to effect repairs, replacement, or additions to
major cohponents of the common Areas and facilities for
which the Association is responsible. ,,t
4.6.2 A balance sheet as of an accounting date
which is the last' day of the non'.h c.]osest in time to six(6) mcnths from the date of closing of the first sale of an
interest in the Development and an operating statement for
the period from the date of the first closing to the said
accountin-o da.'e shalI be disEributed r+ithin sixty (50) da]'s
after the- accounting date. Said oPerating statenent shaIl
incLude a schedule -of assessnenis receivea ana receivable
ident.ified by the number of the 1o-. and the name of the
nenber assessed.
4 .6.3 ^p^n annual report containing the following
85-1305505
-r2-
information shalI be riistributed within one hundred tv'enty
iiiol auy" afEer the close of Ehe fiscal year: (a) a balance
it,E"t "i of the end of the fiscaL year, (b) an oPeraEing
iincome) sEatemenE for the fiscal yeEr; (c) a sE'aternenE' of
changes in financial posiEion for the fisca)' year'
For any fiscal year in which the a'ssociation's gross
income exceedJ 975.000; a licensee of the CaLifornia sEate
Board of Accouniancy sha11 PrePare a review of the annual
i"p"it -ln
"."o.aont" with -geirerally
-.accePEed - accounEing
piin"ipf"". saial review shatt be - distributed with the
ieporti when the annual rePort is not so prepSred,^i!,:!1ll
be- accompanied by an authorized AssociaEion ottlce s
certificale that -it was prePared from the AssociaLi-onrs
books and records eiEhout i;debendent audit or review'
4.5.4 A slatement of the Association's policies- and
practices in.' enforcing its remedies against nembers !o'-deEauIts in paynent of regular and special assessments'
including the- ?ecording of tiens against lots, shall be
distribuied within sixti (eo) days before the beginning of
each fiscaL year.
4.1 InsPection of Association Books and Records'
4.7.1 Any mernbership regisEer, books of account and
mj.nutes of meetings of membeis, ihe Eoard, and comnitt-ees-of
the Board of the Association shaLl be made available for
inspection and copying by any member of the Association or
his- duly appointe-d- reprelenuitiver or any mor!-gagee., 3!,alIreason.6l"'Lime and for the PurPose reasonably related.to
his interesE as a mernber, at ihe- office of the Association
or at such other Place r+ithin the DevaloPment as the Board
prescribes.
4.7 '2 The Board shalI establish bY
reasonable rul-es wieh resDect to:
4,7 .2.2 Iiours and daYs of
inspection nay be rnade.
resolution
the week when the
4.7.2.1 Notice to be given to the cusLodian of the
records of the Association by the member, rePEesenLative, or
iorEgagee desiring to make an inspecEion.
4.7.2.3 PaymenE of the cost of leproducing copies
of documents requesCed by a member or by a rePresentative or
rnorCgagee.
4.7.3 Every Director of the Associaiion shalI have
85-13C5505 -13-
the absolute right at any reasonable time to insPect all
books, records, -and docuients of the Association and the
physical propeities owned or controlled by the Association.
ih-e right'of- inspection by a Director includes the right to
make extracts and copies of documents'
5. MEMBERSHIP }ND VOTING RIGHTS
5.I llember sh iP
5.1.1 Qualification. Each owner of a lot'
including Decl.arant, shal.I be a member of the Association
and shall hoLd one membership interest in the Association'for each lot owned. ol,rnership of a lot or interest i-n it
shal1 be the sole qualification for membership i1 ' tle
Association. Each 6wner shal1 remain a member of - the
Association until his ownership interest in all lots iri Lhe
Development .ieases, aE r.rhich- time his nembership in the
Association shaI1 automatically cease '
5.1 .2 I'lembers' Rights and Duties. Each nember
sball have the rights, dutie!, and obligations set forth in
this Declaration, the Articles, BylaHs, and the Association
ruLes and alL their amendments.
5.1.3 Transfer of liembershiP. The Association
membership of each Person or entity who owns, or o}'ns an
interest it, one or iore Lots shall be aPPurtenant to -eachsuch 1ot, and shall not be assigned, transferred, Pled-sed,
hypothecated, conveyed, or alienated in a.ny way ex.cePt. on a
transfer of title to each such Iot or interest rn lE ano
then only to the transferee' Any attemPt to T3Ie . a
prohibited transfer shall be void' Any transfer of title to
i lot or j.nterest in it shall oPerate automatically to
transfer the aPPurtenant. membeiship rights in the
Association to the new ovrner.
.?5.2 Voting.
5.2-t - Number of Votes. Each member shall be
entitled to one (1) vote for each lot in vrhich such member
oHns an interest. Howeve!, when more than one member owns
an interest in a Iot, the vote shall be exercised as they
themselves determine, buL in no case shall more than one (1)
vote be cast with lespect to any one fot'
5.2-2 Joint Ovner votes. The voting rights for
each lot may not be cast on a fractional basis. If thejoint ownerf of a lot are unable to agree among themselves
as to hoH their voting rights shall be cast, they shall
85-13C5505
forfeit the vote on the mauter in question. If any owner
exercises the voEing rights for a Particular IoE, it wiII be
exclusively presuned for all Purposes thaE he was acting
with the iut[:ority and consenC of a1I other owners of the
same 1ot. If morl than one (1) Person or entity exercises
the voling right.s for a ParEicular loE, their votes shall
not be counted and shall be deened voiil.
5.2-3 Cumulative Voting. Election Eo and from the
Board shall be by cumulaEive voting, and such voEing shall
be by secret Hritten ba]Iot. If more than two (2) PosiEions
on the Board are to be fiIled, each member sha1I be entitled
to cumulate his votes, in person or by Proxy, for one or
more candidates for the Boald, if the candidaters nane has
been pJ.aced in noruination before voting and if the member
has glven notice at the meeEing before voting of his
intention to cumuLate votes. If any one member has given
such notice, 'then all members will be entitlecl to cumulate
their voE.es 'f or candidaEes. The candidate receiving the
highesL number of votes ug to the number of Board members to
be elected shalI be deemed elected. Unless the entire Board
is removed from office by vote of the members, a Director
shall noE be removed before his tern expires if the number
of votes cast against removal nould be sufficiene to elecL
said Director if voted cumulatively at an election at which
the same total number of votes were cast and the entire
number of Directors authorized at Ehe tine of the most
recent eleceion of the Board vrere then being eLected. A
DirecEor who has been elected to office solely by votes of
members other than DeclaranE may be removed from office
prio. to the expiration oi- his te-rm only by the vote. of at
Least a simple majority of the voEing Power residing in
rnembers other than Declarant.
5.2.4 SPeciaI EIecEion Procedure. From Lhe first
election of the Board of Directors ancl thereafter for so
long as DeclaranE holds a majority of the Associatipn's
vocing povrer' Declarant shall be allowed !o voEe for aI! but
one of the three offices of the Board oE DirecEorsr to
insure the election of twenty Percent (20t) of the Board
meir-bers by the ovrners oth-.r than Declarant. This procedure
shall be limiEed Eo the election of only one Board member
and subject. to atI oEher provisions of this Declaration.
6. ASSESSIIENTS
6.1 .A.greemenL to Pay, The DecIaranE, for each loE
owned by the Declarant tirat is expressly made subject to
assessment as seE forth in lhis Declaration, and each
purchaser of a tot by hrs accepLance of a deed agrees, for
B5-13C5505 -r5-
each lot oHned, Eo pay to the Association regular
assessments and special assessments, such assessments to be
established, made, and collected as provided herein.
instal.lment, interest, collection costs, and reasonable
att.orney's fees, shall be the personaL obligation of the
person oE entity who Eas an owner at the tine such
assessment, or inlta]lment, became due and Payab]e. If more
than one person or entity was the owner of a Iot, the
personal obligation to pay such assessment, or installment,
respecting such lot shall be both joint and several. The
, PersonaL obligation for delinquent assessments, or
delinguent instaLlmenEs, and other such sums, shalL not'Pass
to an owner's successors in interest unless expreEsly
assumed by then. No owner of a Lot nay exemPt himself .f rom
Payment of assessments, or installments' by waiver of- the
use or enjoyrnent of all or any Portion of the Cornmon Area or
by waiver of the use and enjoyment of' or by abandonment of,
his 1ot.
5.3 PurPose of Assessrnents. The assessments levied
by the Association shall be used excLusively to Promote the
recreation, health, safetyr and welfare of the rnernbers of
the Association, the imProvernent, replacement, repair,
operation and maintenance of the Comrnon Area and the
pErformance of the duties of the Association as set forth in
this Declaration.
6.4.1 Regular Assessments. At feast sixty (60)
days before the beginning of each fiscal year the Board
shaIl estimate the total amount of funds necessary to defray
the common expenses of the Association for the nex-. fiscal
year. If the amount is approved by a najority vote of the
Board, without a vote of the members of the Association, Lhe
estihate shaII become the regular assessnent for such year.
IIoHever, tbe Board nay not increase the amount of reg.lrlar
assessment for any fiscal vear of the Association by Inore
than tr*enty percent (2OB) above the amount of Lhe prior
year's regulai assessment (excep-. tbe first such year if i'.
should be less than tlrelve (12) nonths) Hithout approval by
voh.e or written consent of (1) a rnajority of the total
voting povrer of the membership and (2) a majority of members
oiher than DecLarant. The assessments shalI be uniform andshall be determined as provided in Section 6,5. The regular
assessments shaLl be payable in regular installments as
provio'ed in t.his Declaration and shaIl include adequate
reseEve funds for contingencies, and for naintenance,repairs, and replacement of the common Area imProvements
that must be replaced on a periodic basis sufficient to
6.2 Personal Obl iga ti on.Each assessment or
B5-1305505 -16 -
satisfy the requirements of any mortgagee.
6.4-2 Sgecial Assessments. If the Board determines
thaE the estimatEd total amount of funds necessary to defray
the conmon expenses of the Association for a given -fiscalyear is or wiLt become inadequate to l0ee! exPenses .f or any
ieason (including, but no! limitetl to, unanliciPated
delinquencies, coits of construction, unexpected repairs. or
repla6emenEs of capital imProvenenEs on the Comnon-Area) .the
Boird shaIl determine the approximate amount necessary to
defray such expenses, and ii- the anount is approved by a
maj ority vote of the Board it shall become a special
asie=smint.. The Board may, in iEs discretion, Prorate, - such
special assessment over t:he remaining nonths of the fiscal
y'eur or Ievy the assessment immediately against each 1ob'
6.4.3 LimiEation RespecEing Special Assessnerlts'
Any speci.al. assessment in exces! of five Percent !!t) 9! titS
butgeLed gross exPense of the Associatsion for the fiscal
yeai in wliich a special assessmenE is levied shalI require
ipproval by voEe oi the writEen consent of (I) a rnajority. of
tiri totat -voting power of the nembership and (2) a majority
of members othei than Declarant excePt in case of a sPecial
assessmenE against an owner as a remedy utilized by- the
Board to reiinburse the Association for costss incurred in
bringing the member or his 10E inEo comPliance with the
provisions of this Decla ration.
5.5 Uniform Rate of Assessment' ExcePt as herein
stated, reqular and special assessmenEs must be fixed on an
Ed"ii-6"=i3-i"a ii-u-i,niioim-rate for alI lot's and shalr be
d;ternined by dividing total number of
residential iots within and subjected.to
assessments. NoEr^riEhs oing, a special
assessnent against owner or t'he rebuilding
or najor repair of the structural Common Area housing lots
of th? oeve-lopment shall be levied uPon the basis o,f 'theratio of the square fooiage of the ffoor aEea of I the
residenhial dwelfing of the iot to be assessed to the total
"qui." iootugu of- floor area of all the residential
dwellings on iot. Eo be assessed. The limitations herein
shall n;L apply in the case vrhere the special assessment
alainst an 'oi*,iur is a remedy utilized by the . Board . to
reimburse the P.ssociation for ;osts incurred in bringing the
owner and his .IoE into compliance wiLh Provisions of the
Dec l- a ra ti on and Bylar"s.
6.5 ..ssessment Period. The regular assessment
period shall commence on January 1 of each year -and snarr
Lerminate on December 3I of each year, and regular
B5-1305505 -]7-
assessments sha11 be payable in equal' nonthly installments
unless the Board adop-ti som r other basis for collection.
Eolrever, the initial iegular assessment period for a1I lots,
including those owned 6y Declarant, shall cornmence on the
first da! of tshe calenda-r month following the date on which
the sali of the first IoE to a Purchaser Is closed and
recortled (the "initiation date") and shalI terminate on
December 31 of the year in which the initial sale is closed
and recordeil. fhe flrst regular assessment and all special
ii="i"r"nts shall be adjusfed according to the number of
nonths remaining in the iiscal year and shall be -payable in
equal nonthly installments :nless the Boaril adoPts some
other basis for collecEion.
6.7 NoEice and Assessment Installment Due patei' A
single ten (10) daY written
regular assessnent and each
given to each' owner of eve
which the due' dates for the
specified. The due dates fo
normallY shaIl be the first
other due date is establi
installment of regular assessments and special assessments
shaLl become delinluent if not paid within fifteen (15) days
after its due da te.
7. COLLECTION Or ASSESSMENTS; LIENS
7'1 Right to Enforce' The right to collect -andenforce assessments is vested in the Board acting by- and on
behalf of the Association. The Boaril or its authorlzed
representativer including any manager, can enforce the
obiigations of the owners to Pay assessments provide-d for in
this Declaration by conmencement and maintenance of a sulE
at lavr or in equit|, or the Board may forecLose by judicial
proceeclings or- thiough the exercise of the Pover of sale
lursuant fo section 7-.2 Lo enlorce the lien rights crea&ed'
Suit to recover a money ju6gment for unpaid asse.ssrti:nts
together trith all othei amounts described in Section 5'2
stritt be rnaintainable without foreclosing or r+aiving the
lien righ ts,
7 '2 Creation of Lien. If there is a del inquency in
the payment of any assessment' or insiallment on a 1ot, as
desciiEea in sect-ion 5.7, any amounts that are delinquent
together with inLerest at the rate of ten percent (Iot) per
aniu*, and all costs that are incurred by the Board or its
authorized representaLive in the collection of the amounts'
including reisonable attorney's fees, shaII be a Iien
aEainst !uch Lot on the recoldation in t'ne office of the
85-13C5505 -18-
county recorCler where the DeveloPnenE is- locat'ed a noEice of
assessmenE. The notice of as ieisment shall not' be recorded
unless and until the Board or iEs auEhorized representat!.ve
til au:.i'r"t"d to the delinquent owner or owners of such lot'
not less than fifteen (I5i days before recordaEior of the
notice of ."="="roeni, a writ€en not'ice of default and a
demand for payment, and unless such delinquency has- noE. been
cured wiEhi-n-fifteen (15) days after delivery- of notice'
i["-if"" iha).1 expire'and be- void unless, within one (1)
i"i. -iii"i recoraiiion or the nouice of assessment' the-aoiia
". its auEhorized represenEative records a notice of
E"ii.ft as provided in if,is DeclaraEion or institutes
f oreclosure P!oceedings.
7.3 Notice of Default; ForeclosuEe' NoE more than
one (1) year nor less than ten (I0) days-afEer the recording
of the notice or asseii^enc, the' goird or its auEhor-ized
represenEaLive can record a notice of default and can cause
th; i;a to be sold in the same manner as a sale is conducted
under California Civil Code Sections 2924b-2924c, or Ehrough
judicial foreclosure. However, as a condition PrececlenE -toLn" holding of any such sale under SecEion 2924c'
ippr opii"tu -publicati-on shal th
"iv ":ur " und-er section 2924 to
ipiroint its atEorney, anY of Ie
iiiurance company a[thorized as
trustee for - purposes of c d
clelinquency is cured before a
juciicial -foreclosure, tshe
ieoresentaEive shaII cause to be recorded in the office- of
U;'="-"';;'.-y";;;;;; -"t"i" -li
"- D&elopment' is rocated a
certificaEe seEling toittr cire satisfactibn of such claim and
release of such lien on Paymenincluding reasonable at to!n e
Hundred PifEy Dollars (SI50.00
becoming delinquent in the Pinstallments, each del inquenE
absolutely assigned aII rent,
to the Association and shal
consented io the aPPointm
appoin:menE may, aE ait; eLection of Lhe AssociaEion' be
e'n;orced by thi LssociaEion Ehrough sPecific P"tf,ollin::]-:
rhe associiEion, acting on behalf of Lhe owner, sharr nave
Ehe power to bid in tie lot at a foreclosure sale and to
-"guit", hold, Lease, mortgage and conve)' the lot'
7.4 I'Iaiver of ExemPtions' Each owner' Eo the
extent permitted by Iaw, waivis, to the-exient ol any ]iens
created pursuant to 6""Ii.. -7, tf," benefiE of any ho:nestead
o, u*"^piion Law of California in effecL at the tlme any
85-1305505 -19-
assessment, or installment becomes delinquent or any lien is
imposed,
8. INSURANCE
8.1 Liability Insurance. The Association shal1
obtain and maintain comprehensive public liability insurance
insuring the Association, any nanager, the Declarant, and
the owners ancl occupants of 1ots, andl their resPective
family rnembers, guests, inviEees, and the agents and
employees of each, against any liability incident to the
oL,nership or use of the Common Area and including, if
obtainable, a crossliability or severability of inEerest
endorsement insuring each insured against liability to'-eachother insured, The limits of such insurance sha11 not be
.Iess than $I,000,000.00 covering all clains of death,
personal injury and property damage out of 'a single
occurrence. .'Such insurance shal1 include coverage against
any Iiability or risk customarily covered $ith resPect toprojects simiLar in construction, location, and use.
8.2 Fire and Extended Coverage Insurance- The
Association also shaIl obtain and maintain a masLer or
blanket policy of fire insurance for the fuI1 insurable
value of all of the improvements within the Development.
The forn, content, and term of the policy and its
endorsements and the issuing company must be satisfactory to
aLl institutional, mortgagees. If more than one
institutional mortgagee has e Loan of record against the
Development, or any part of it, the policy and endorsernentsha1l meet the maximum standard of the various institutional
nortgagees represented in the Development. The Policy sha1lcontain an agreed amount endorsement or a contingent.liability from operation of building laws endorsement ortheir equivalentf an exiended coverage endorsement,vandal.ism, rnalicious rnischief coverage, a special form
endorsement and a determinable cash adjustment clause iDr asimilar clause to permit cash settlement covering f ul-I v'-al ue
of the improvements in case of partial destruction and adecision not to rebuild. The policy shall be in the amountsas shall be determined by the Board. The policy shall nameas insured the Association, the owners, and Declarant' aslong as Declarant is the owner of ahy 1ot, and all
institutional mort-oagees as their respective interests may
apDear, and r,ray con'-ain a loss pa!'able endcrsement in f avorof the trustee described in this Declaration,
8.3 o1iner's Insurance. An ouner may carry r.'hateverpersonal liability and property damage Iiability insurance!rith respect to his i-ot that he desires. BoHever, any such
85-13C5505
-?0 -
poli cy shaLl include a vraiver of subrogatsion clause
acceptable to the Board and to any morEgagee.
9. DESTRUCTTON OF TT4PROVEI'IENTS.
9.I Destructiont Proceeds Over g5t. If there is a
total or partial, desEruction of the improvemenEs in the
Developneni, and if the available proceeds of the insurance
carrieil pursuant to section I are sufficient to cover not
less lhan eighty-five percen! (85t) of the costs of rePair
and reconstrucEion, the imProvenents shal1 be PromPtlyrebuilt unless, within ninety (90) days f rorn the date of
destruction, mernbers then holding at least sevenEy-five
percent (75$) of the total vciing power of tnembe!s PE-esenEiari entitled to vote, in person or by proxy, aL a:duly
cons!ituted meeting shall -determine that such repair and
reconstruction snJ:.t noE take Place. If repair: and
reconslruction is to Eake Place, thie aoard shalI be required
to execute, 'ackno-*Ledge and record in the office of the
ccun'-y recorder q'here the DeveLoPment is located, not laEer
than -one hundred twenty (120) diys from the dale of such
destruction, a certifidate tieclar-ing che intenEion of the
rnembe r s Eo rebuifd.
9.2 Destructioni Proceeds Less Than 85e"' If Ehe
proceeds of the insurance are }ess than eighEy-five Percent
iaSt) of the costs of repair and reconscruction, repair and
ieconstruction may nel'ertheLess take Place if, wiEhin ninety
(90) days from thL date of destrucEion, mernbers then holding
ae Leasl fifty-one percent (5It) of the total voting power
of members pfesent -and entitleil to vote, in person or by
proxy, at a duly constiEuted
repai.r and reconstruction sha
reconsEruction are to take
requireal to execute, acknov"Le
i1? c.r:11:r recorder where th
l-ater than one hundred twenE
such destruction, a certif ica:he mer,rbe r s to rebuild.
9.3 Rebuildl-ng Prcceiures. If the mambers
deeermine to rebuild, purLuant to ParagraPhs 9.L or 9.2,. the
owner of each Iot loc;ted within a struccure that bas been
iotally or Partially destroyed shall be obligated to
cont rilute ii. pr6portiona€e share of the cost of
reconstruccion or -reitoration of the sErucEure containing
his 1oE, over and above Ehe available insurance proceeCs'
AIl owners shalI contribute iheiE Proportionate share of the
cost of reconstrucEion and restoraLion of any por!ion of the
Corumon F.rea not conprising the sLrucLure within which a 1o"
B5-13C5505 -2L-
is located, and the proportionate share of each or+ner shall
be equal to a f ractitnr' the Dumerator of which is one (1)
and lhe denominator of which is the number of lots then
comprising that Par! of the DeveloPnent. If any orn'ne r fails
or 't&ose's to p^ay his proportionibe share, the Board may
levy a special as ses sment
which may be enforced undersection 7 or in any oth
Declaration. If any ownerproportionate l iabil i tY under
iontest the anount of liability by submitting to the Board
within ten (10) days after no:ice to the owner of his share
of the liability- written objections supported by . cosi
estimates or othlr infornation thaE the owner deelns to be
material and nay requesE a hearing before the Board whele he
niy uL ielreseritea ty counsel. Following such- hearing, tlS
boird strait give wfitten notice of its decision to' all
owDers. If ,such adjustments are recommended, the notice
shalJ, schedule a speclal meeting of rnembers for the PurPose
of acting on the -Board's recotimendation, including making
further idjustnents, if deemed by the members to be
necessary or approp.iate. All adjustments sha1l be affirmed
or modified b-y- a- majority of fhe total voting -polrer of
members. If io adjustments are recommended -by -the Board,
the decision of the-Board shall be final and binding on aL1
owners, including any owner filing objections.
9.4 Rebuilding Contract' If the members determine
to rebuild, the Board or its authorized rePresentative shal-I
obtain bids from at Ieast three rePutable contractors and
shatt avrird the repaii and reconstruition work to the lowest
bidder. The Board sha1l have the authority Eo enter into a
h'ritten contract witb the contractor for such rePalr and
reconstruclion, and the insurance proceeds heLd by the
trustee shal1 be disbursed to t.he contractor accor6ing to
the terms of the agreement' It shall be the obligation. of
the Board to takL alt stePS necessary to assure -i the
commencement and completion- of authorized repair i and
reconstruction a! the earliest Possible date.
9.5 Rebuilding Not Authorized. If the merrrbers
determine noE to rebriild, any insurance proceeds then
avaiLable for such rebuilding shaII be distributed to the
owner of each 1ot. excludin; the Common Area, and their
respective mortgagees propoitionately according to th9
resiective tair -ma-rket rialr]es of the lots at the time of
deslruction as determined by an independent appraisal in
accordance with the procedure specified in section I0'5
herein. The Board shalI have th; du'.y within one hundred
and tHenty (120) days from the date of such destruction, to
85-1305505
execute, acknowledge and record in the Office of the county
recorder where the Development is locaEed, a certificatedeclaring the intention of the members not to rebuild.
'9.6 Iqinor Repair and Reconstruct,ion. In any case,
the Board shal1 have the duty to repair and reconstructimprovenent.s, without the consent of members andirrespective of Ehe amount of available insurance proceeds,
in all cases of partial destruction rrhen the estimated costof repair and reconsEruction does noL exceed t$renty thousand
doLlars (S20r000). The Board is expressly empowereil to levya special assessment for the cost of repair andreconstruction of improvements to the extenE insurance
proceeds are unavailable, such assessment to be levied asdescribed in Section 9,3 (but r+ithout the consenL' or
approval of members despite any conErary provisions) in .thisDeclaraEion.
9.7 'Revival of Right to ParEition. On recordation
of a certificate described in secEion 9.5, the right of any
ori,ner to partition through lega1 action as described in
Section 11 shalL revive irnmediaEely.
1O . CONDEIIINATION .
I0.1 Sale by Unanirnous Consent. If an action for
condennation of. at1 or a portion of the DeveloPnenE is
proposed or threatenedt by any governmental agency having the
right of eminent domain, then, on unanimous written consenc
of alI of the owners and after wriEten notice to aIInortgagees, the Development or a portion of it rnay be sold'
10.2 Distribution of Proceeds of SaIe. on a sale
occurring under section 10.1, the proceeds shal1 be
distribuled to the owner and the mortgagees of each 1ot as
their respective interests nay appear accordi.ng to the
unanimous ionsent of the owners -atfeCtea or, if said content
is not forthcoming, according Eo the relative values oE the
affected lot.s as deEermined by section 10.5 herein.
10.3 DistribuEion of Condenr-naEion Award. If the
DevelopnenL, or a portion of it, is not sold buc is instead
taken, the judgnenE of condemnation shaII by its terns
aPPortion the award among the owners and their resPecCive
mortgagees, according to the relative values of the lots
affected by the condemnaEion as determineal by Section 10.5
herein.
I0.4 Revival of Right to Partition. On sale or on
caking that renders more than fifty percenE (501) of the
85-1305505 -23-
lots in the DeveloPment uninhabitable, the righE of any
owner to partition through legaI action sha1l revive
immediately -
10.5 Procedure for Independent APpraisal. The
Board shall obtain an independent appraisal of the affected
lots lots by selecting two appraiser who shaI1 6e1ect a
thirdl appraiser. In tbe event Ehe two appraisers selected
shalL fail, within 10 days after their selection, to agree
upon the third, then the Presidling Judge of the Superior
Court of the county in lrhi :h tbe DeveloPruent is located
shalI, upon the Boardrs request, aPpoint within ten -(I0)days aft6r such reguest, a third apPraiser. The apPraisers
so selected or appointed shall promPtly proceed to dete-rmine
the fair market value of the affected Iots; any valua-tion
agreed upon by a majority of such 'ippraisers shall be
accepted as final and conclusive by the Association aqd by
any court of. comPetent jurisdiction and shall' iPso facto
become the fair market value of the lots. Al1 appraiser
shaI1 be nembers of the American Institute of Real Estate
Apprai sers.
11. PIATTTION.
11.1 Suspension. The right of Partition is
suspended as to the Development. Additionally, partition of
the DeveLopment can be had on a showing that the conditions
for partition as stated in Section 9.7 or section 10.4 have
been met, Nothing in this Declaration sha1l Preventpartition or division of interest bet\.reen joint or common
ouners of one (I) ]ot. Proceeds or ProPerty resulting from
partition shall be distributed to and among the resPective
owners and their nortgagees as their interests aPPear
according to the ratio cleated by comparing the fair market
value of one lot with the fair market value of all lots
immediately prior to destruction or condemnation as
determined according to Section 10.5 herein. rcI1.2 Po\^ier of Attorney. Pursuant to CaliforniaCivil Code section 1355 (b) (9) , each owner granEs the
Associaiion an irrevocable pover of attorney to seIl the
Developrnent for the benefit of the owners when partiEion can
be had. Exercise of the power is subject to the aPProval of
the members.
12 - NONS E\,- EP.AB IL ITY OF Ir"*TERESTS
12.1 Prohibiticn against Severability. An owner
shall not be entitled to sever his Iot from his membershipin the .D^ssociation by reason of sale, conveyance,
B5-13C5505 -24-
I
hypoEhecation, or otherwise. Any violaEion or attemPted
violation of this provision shall be void. similarly, no
owner can sever any exclusive easemenE aPPurtenant to his
Iot, over the Common Area f ror0 his lot, and any attempt to do
so shall be voi il.
13 . ?ERT,I OF DECLARATION.
This DeclaraEion shal-t run erith the land, and shall
conEinue in ful1 force and effect foe a period of fifty (50)
years fron the date on which this Declaration is execut.ed.
After that tine this Declaration and all covenants,
conditions, rescriction and other provisions shalf be
automatically extended for successive periods of Een'(10)
years each, - unless extinguished by a $rritten instrument-execuEed by aE least. seienEy-five PercenE (75t) 9i. th9
owners of the residential lots and recbrded in the offiee of
the county rgcorder where the Developnent is located t ithin
one (1) yEar -prior Eo the expiraEion of said fifty. (50) year
period or the- expiraEion of said ten (10) year Period as the
case may be.
14 . PROTECTION OF I\IORTGAGEES.
14 .1 Mortgage Pe rmi t.ted.
his lot lrith a mortgage.
My owner maY encunber
' 11.2 SubordinaEion. Any lien created or clained
under the provisions of this Declaration is expressly made
subject and subordinate to the righEs of any first. mortgage
thaE encumbers atl or a portion of the DeveloPment, or-any
l-ot, Eade in good faith and for value, and no such lien
sha1l in any way defeat, invalidaLe, or - impair Lhe
obligation or -priorlty of such mortgage unless the mortgagee
suboidinates his interest, in writing' to such 1ien.
I4.3 AmendnenE. No amendlment to this Declarattion,
the ArticIes, or the ByIaws shall affect the rights oG any
mortgagee under' any mortgage matle in goocl faith ancl for
valuE -and recorded befoie the recordation of any such
amendment unless the mort-oagee either joins in the execution
of the amend.ment or approvei it in wriLing as a part of such
amendment,
!4-4 Foreclosure. If any lot is encuinbered bv a
first mortgage made in good faith and for valuer the
foreclosure- o? any lien created by any provision set forth
in this Declaration for assessm6ntsr- 6r insiallmenEs of
assessments shall not oPerate to affect or impair the lien
of Ehe nort.gage. On foraclosure of the mortgage, the lien
85-13C5505 -25-
of assessments or of instal},lents that have been accrued upto the time of forecLosure shall be subordinate to the lienof the tnortgage, with the foreclosure purchaser taking titleto the Lot free of the lien. on Eaking title to the lot the
forecLosure purchaser shal1 only be obl-i-oated to Pay the
assessments or other charges levied or assessed by the
Association afLer the foreClosure purchaser acquired tiEle
to the lot. The tern 'foreclosure" as useil herein sha1I
included the exercise of a power of sale involving a default
under said nortgage.
I4.5 Restriction on Certain Changes. ExcePt as may
be provided by statute in case of condemnalion or
subsEantial loss to the lots or Common Area, unless at least
two-thirds 12/3) of the first urortEagees (based uporf-one
vote for each' first rnortgage owned ), or owDers other than
Declarant of the individual lots have given their p,rior
written approval' the Association sha11 not be entitLed:
14.5.I By act or omission to seek to abandon or
terminate the pr oj ect;
14.5.2 To change the Pro rata interest or
obligations of any individual lot for the purpose of - (a)
levying assessments or charges or allocating distributions
of hazard insurance proceeds or conalernation awards, or (b)
determining the pro iaia share of ownershiP of each Jo! in
the Common Area i
14.5.3 To partition or subdivide any lot,
14.5.4 By act or omission to seek abandon,
partition, subdivide, encumber, sellr or transfer the Conmon
Area. The granting of easements for public utilities or for
other Public purpose consistent with the intended use of
Common Area by the Association or the owner shal1 not be
deemed a transfer within the neaning of this clausei j
14.5.5 To use hazard insurance proceeds for losses
to lots or the Common Area for other than the repair,
replacement, or reconstruction of such property, except asprovideti by the sEatute in case of substantial loss t.o the
lots or Common Ar ea.
f4.6 Right to Examine Books and Records. First
mortgagees can examine the books and records of the
Association or the Develo1rment and can regui re the
submission of financial data concernin-o the Association or
the Development, including annual audit rePorts and
operating sta',ement as furnished to che owners.
B5-13C5505 -26-
ll .7 DisEribution of fnsurance and Condernnation
Proceeds. No Iot owner, or any other party' shalL have
priority over any right of firit morEgegees-. of. any ]ots
pursuan-t Eo their-norE-gages in case of a disEribution to }ot-on'ners of insurance proceeds or condemnation awards for
toises to oi a taking 6f lots or common Area. Any provision
to the contrary in ihis Declaration, the ByIaws, or oEher
documenEs relating to the De
void. AIl applicable fire and
coverage insurance PoI i ci es
personal proPerty owned bY I
payable clauses accepEable Eo
the mortgagees, as their interests may aPPear.
1 4 . I Noti ces to l'lor tg
to any loE covered bY a no
S1' 000, or .ort any loss to t
exceeds $10r000, or on the tak
in writing of such loss or t
r;crtgagee of reccid. If anY
onoei-iny piotri"ion of this -Dec1aration, the By-Iaw-s, or the
Associatioi's rules and regulations, which default is not
"ui"a "iEt in thirEy (30) days after written noEice to such
;;;;;, tr,"-a"=o.G€ion "t urr'give to the mo!tgagee -of. record
of such oHner written noEice 6f such default and of t'he fact
that saidl thirty (30) day period has expired.
14.9 EffecE of Breach- No breach of any provisions
of this Declaration shaII invalidate the lien. of.any
,".tgis" i;-;;;a iiiln u',ia-ror-viiui; this Decraration sharr
be bintiing on uty &t "i "ri,o=" titte is derived through
foreclosurl sale, trustee's sa1e, or otherwise'
14.10 Non-Curab1e Breach' Any mort'gagee 'l'oacguires title t.o a loE by -f ore.cLosure shalt not be
"uiiluc"a to cure any br""ch'oi this Declara:ion -Eh1Er- i:non-;urabLe or of a tlpe that is no! praccicable or teasC:bre
to cure.
14.1I Loan to Facilitate. Any morEgage given- to
secure a Ioan to faciliEate the resale of a l-oE after
acguisition by foreciosure shall be deenred to be a Ioan nade
in good fait-h ana ioi value and entitled to all of the
rights and protections of SecEion 14.
I4 .I2 APPearance at t':eetings' Eecause of its
financial inEerest in Lhe DeveloPment, any mortgagee .n1yippuur at neetings of the menbers and the Board tso oraH
aiiention to vioiaEions of Ehis DecIaraEi.on thaE have not
85-1-3C5505
been corrected or nade the subject of renedial proceeclings
or assessments.
15. CONTRACTS I{I TH DECLARANT
Any agreement between the Association and Decfarant
pursuant to which Declarant agrees to provide services shallprovide for termination by either party vithout cause or
payment of a termination fee on thirty {30) daysr $,ritten
notice and sha11 have a maximun contract term of one (1)
year, provided that the Board caD renevJ any such contract on
a year-to-year ba si c.
].5 AI'IENDI'IENTS
16.1 Amendment Before close of First Sale. eEfore
the close of the first sale in the DeveloPment to a
purchaser other than Declaranl, this Declaration and any
amendments to'it may be amended in any resPect or revoked by
the execution by Declarant and any morEgagee of record of an
instrument revoking the Declaration. The amending or
revoking instrument shal1 nake appropriate reference to this
Declaration and its amendlments and shal1 be acknowledged and
recorded in the office of the county recorder where the
Development is l oca ted.
15.2 Amendment After Close of First sale. After
Ehe close of the first sale of a 1ot in the DeveloPment to a
purchaser other than Declarant, this Declaration Inay be
arnended or revoked in any respect by the vote or written
consent of the holders of not less than seventy-five Percent(75t,) of the totat voting polrer of the Association and
sixty-seven percent (678) of the voiing power of membersother than Declarant. If any provision of this Declarationrequires a -oreater or lesser pelcentage of the voting rights
of members in order to take affirmative or negative action
under such provision, the same percentage of such mernpersshall be required to anend or revoke such provision. s- Any
amendment or revocation subsequent to the close of suchfirst sale shatl be evidenced by an instrument certified by
the secretary or other duly-authorized officer of theAssociation and shall- nake appropriate reference to thisDeclaration and its amendments shaIl be acknowledgeC and
recorded in the office of the county recor6er r*here the
Devel,opment is ] oca ted.
17. GENERAL PROVISIONS
17.1 Headings. The headings used in this
Declaration are for convenience only and are not to be used
85-1305505 -2 8-
-.1
,
1
to inEerprei the meaning of its provision.
17.2 Severability' The provision of this
Declaration shal] be deemetl- independenE and severable' and
the invalidity or unenforceability of any provisions shalI
not invalidate any other provisions.
17.3 Curnulative Remedies. Each remedy provided for
in this Declaration shall be cumulative anil no! exclusive'
Eailure !o exercise any remedy provided for in this
Declaration shalL nots, und-er any Circumscances, be construeil
as a saiver thereof.
)-7.4 violations as Nuisance. Every act or omlssion
in violation of the provisions of thls Declaration - s-hal1
constitute a nuisance Lna tnuy be enjoined or abated whether
or not the relief sought is-negative or affirnaEive action
by Declarantr- the AssociaEion, or any owners-
17.5 Notices. Any notice Pernitled or required t'o
be deliverecl as providedl herein shall be in writing- and may
be delivered eiEirer personally or by nail' If del ivery is
made by mail, it sh-atl be tl-eemed to have been delivered
seventy'-tiro irours after a coPy of. - the same has begn
a.pojitua in the utit"a statii mai} ,. postage prepaid,
adiresseil to any Person at the address given by. such -personto the Associati-on for the PurPose of service of such
notice, or tso the lot of such ferlon if no address has been
given to the Association. Such address may be changecl from
iime co time by notice in writing to the LssociaEion'
L'7.6 Number; Gender. The singular shafl include
the pluraI and the p1ura1 the singular unless the concexE
;;q"i;"" the contrarv, ina Ehe nasclline, feminine, an'l the
n",jt.a, shall, includ-e nasculine, femin!.ne, or neuEer as the
context r equi res.
?
17.'1 Easements Reserved and Granted' Any easEEenc
referred to this Declaration shall be deemed reserved or
grinted, or both reserved and granied, by reference to thjs
Declaration in a deed to any lot'
17.8 Binciing Effect- This DeclaraEion shaIl inure
to the benefit of -and be binding on the successors and
assigns of ehe Declarant, and the heirs, personal
repr5senta';ives, graneees, tenants. successors, and assigns
of the owners.
17.9 A-ttorneyrs Fees. If any owner defaults in
r,,aking a Payfiient of aslessments or in Ehe Performance of anlt
85-13C5505 -29-
I '. t:- ,i :^ ,.:. Provision in this Declaration, and the Association has
ob"ained the services of any attorney with resPect to the
defaults involved, the owner covenants and agrees to Pay the
Lssociation all costs regardless of whether 1egal
proceedings are instituted. ln case a suit is instiEuted
the owner shall also pay the cost of the suit, in addition
to sucb costs and fees.
18. PARTY WALLS
18.I General Rules of Lav, to APPIy. Each !'a11
which is buiLt as a part of the original construction on a
lot and placed on thC dividing line between any lots.shall
const.ituie a Party wall, and to the extent not inconsistent
rriEh the provisions of this section, the general .ruI-es of
1aw regard-ing Party walls and liability for property- damage
due to- negligence or wi]lful acts or omissions shall apply
th er eto.
18.2 Sharing of RePair and l4aintenance. the cists
of reasonable repair and rnjintenance of a Party- wa11 -s!a11.be shared Uy. tfre owners who make use of the waLl in
proportion to 'such use.
18.3 Destruction by Fire or Otber Casualty' If a
party wall is destroyed by fire or other casualty, any owner
who -used the ,iff 'rry 'restore it, and if other.. owners
thereafter make use of the walf, they shall contribute to
the cosE of restoration thereof in proportion to such use
without prejudice, however, to the right of any. such owners
. to call ior-a larger contribution by reason of the negligent
or willful acts or omissions.
18.4 I{eatherproofing. Notvithstanding any other
provisions of this article, an owner v;ho by his negligent or
willful act causes the Party lralI to bL exposed - to the
' elements shalI bear th; wfrole cost of furnishing tbe
necessary protection against such elements.
18.5 Right to Contribution. The right of- any owner
to contribution from any other owner under this Artircle
shall be aPPurtenant to the Land and shalL Pass to €xch
owners successors in ti tle.
18.5 ArbitraEion. Fry disputes arisin-o concerning
a Party vaII or under the provisioni of this Artic]e, shaIl
be' setll-ed by arbitration -in accordance witb the Rules of
B5-1[i05505
-3 0-
the Anerican ArbitraEion Association, and judgmenE lPol tle
award rendered (which award nay include equitable relief).by
the arbitrat.or (s) may be enEered in any courE navlng
jurisciicEion
19. COVENANT IN PAVOR OF }TUNICIPALITY
Each owner sha1l be prohibit'ed from rentsing or
leasinq f,i"-'i"i "i- tt," sciucture- located thereon or allowing
;;;;-'i; tu-""."piua-6i "nione other than him, the membe-rs of
rri=-firniry, und his iu."Es or inviEees- for a period of one
v"i.-i."*'ih. dut. said lot is first solcl to a Purchaser'
DecLarant has executedl this insErument as=- of
August 21, 1985, :
NoRTHPMK rr, a joint venture
,/ .-/---.?*'?4'.qG r,
VANGU}XD I,IEST. INC, ' A
Cal i fornia corPoration'
Joini venturer, BY
BRUCE G. STRI CKLAND,
vice President
hTITNESS Ey hand and ofiicial seal'
TK:, INC. , a California
corporation, Joints venturer,
ay teo KOURTIS, President
ST-{TE oF c{rIEoRNr.\ )".
COUNTY OF SA}I BERNARDINO )-..
Or this itsc aay of AugusE' 1985, befor
in and for sald staEe, Personally aPpea
to be the Presldent of TKI, Inc', the c
ins EruDent, sald person being knorn to
within instrumene on behalf of said co
kDorrn to Ee Eo be one of ghe joinE veoE
that execqced Eha r.'iEhin insEruoent' an
corporacion executed rhe sarne both jndi
said joinE venEure and EhaE such joinE
liotarv PubIic in
85-1305505 -31-
,\
!,:i';;-,/ .
STATE OF CATIFORNIA
CO1JNTY OF SAN BERNARDINO
On this zlst day of August, 1985, before Ee, the underslgned, a Notary Public
ln and for sald state, personally appeared Druce G. Strickland personally
kno$n to oe to be the Vice Presldent of Vanguard l.Iest, lnc., the corPorarion
that executed Ehe rrlthiD insErument, said person be!-ng known to Ee to be the
- 'person rrho exccuted the l,ithin lnsErument on behalf of said corPoratlon, and
sald corporatlon belng knortn to me to be one of the joirlt venturers of
Northpark II, the Joint venture that executed the L'irhin instruEenE, and
acknovledged to Ee that such -c orpora t ion executed the-saEE botb lndividually
and as e Jotnt venrurer of said joint venture and that such Joint veirture also
executed the same.
WIINESS uy hand and officlal seal,
said state.
]="
OFFICIAI SEAL
TRUDIE WIISON
NOTAF/ PUOLIC . CALI;OFNIA
SAII BSRNAROI|,'O COUIITY
M, 6mn. lrpircJ JAN 31, 1936
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85-1335505
Exhibit
Procedures Regarding Temporary Relocation of
Leasees and Authonzed Occupants
Vernon Housing Commission
Procedures Regarding Temporary Relocation of Leasees and Authorized Occupants
Adopted December 10, 2014
Pursuant to Ordinance I 183, as amended, and the Vemon Rental Housing Policy
C'VRHP'), the Vemon Housing Commission ("VHC") hereby adopts the following procedures
to address any lease/authorized occupant's need to be reJocated temporarily.
Recitals
A. The VHC is committed to managing its housing stock according to "best
practices" for private, residential housing. The VRHP requires that all procedures be "neutral,
fair, and reasonable."
B. Every lease/authorized occupant is entitled to a habitable rental unit.
C. If, through no fault ofa Leasee, Authorized Occupant, and/or Guest, a
rental unit becomes temporarily uninhabitable, as determined by the City, the Leasee and any
Authorized Occupants shall be entitled, at the Leasee's option, to be reJocated to housing
accommodations comparable to the rental unit in good condition for so long as the rental unit is
uninhabitable.
D. The VHC desires to adopt procedures with respect to the temporary
relocation of Leasees and Authorized Occupants that are "neutral, fair, and reasonable." The
VHC recognizes that unless it uniformly applies a temporary relocation procedure to all leasees,
it will not be treating all leasees neutrally and fairly.
Procedures
1. When Temporarv Relocation is Authorized. Temporary relocation shall
be authorized, at City expense, only ifa rental unit is uninhabitable or if it is determined that in
light ofrequired repairs to a rental unit, temporary relocation will facilitate more expedient and
cost effective repairs, even when the cost of temporary relocation is taken into account. Whether
relocation should be authorized shall be determined on an objective basis in light ofbest
practices for a private landlord, and shall be determined by disinterested City staff and./or
consultants who have expertise with respect to the subject repair(s).
a. Required Relocation. If the City determines that a rental unit is
uninhabitable, relocation shall be required until such time as the rental until is retumed to
a habitable condition. Habitability shall be determined in light ofthe renral unit's currenr
condition and in light ofthe effect any needed repairs may have on the habitability of the
rental unit during the course ofrepairs.
b. Optional Relocation. Ifa rental unit is otherwise habitable, a
Leasee shall have an option either to accept relocation or to decline relocation, at the
Leasee's sole discretion, even if the total cost to repair to the rental unit shall be higher in
light of the non-relocation.
Procedure Regarding Temporary Relocation ofLeasees and Authorized Occupants
2lPage
2. Types of Altemative Housing. Generally, the type of alternative housing
to which a Leasee and an Authorized Occupant is entitled shall be determined by the expected
length of time altemative housing is required. As a general rule, if a temporary relocation is
expected to last no more than 30 days, the relocation shall be presumed to be "short-term.,, As a
general rule, ifa temporary relocation is expected to last for more than 30 days, the relocation
shall be presumed to be "long-term." Any presumption created by this procedure may be
overcome if, as determined by the City, and based on the facts and circumstances ofany
particular case, an altemative categorization is appropriate.
a. Short-term Relocation. As a general rule, if short-term relocation
is authorized, the altemative housing shall be in the form ofa quali$ing hotel or other
short-term housing option, as provided for in the City's Expense Reimbursement policy
C'ERP'), discussed below.
b. Lonq-term Relocation. As a general rule, if long-term relocation is
authorized, the altemative housing shall be in the form of a comparably furnished
apartment with a comparable number ofbedrooms and bathrooms as the subject rental
unit.
3. Reimbursable Relocation Exoenses. Iftemporary relocation is authorized,
the city shall bear all reasonable costs associated with the relocation, including the cost of
altemative housing, the reasonable cost, ifany, of moving personal possessions from aad to the
rental unit to the temporary housing, and any reasonable increase in food costs, ifany,
necessitated by the relocation. To the extent the city's Expense Reimbursement policy ("EM")
then in effect covers a subject expense, the ERP shall govem the type ofexpense that may be
covered and the amount of coverage. To the extent the ERP does not cover a subject expense, an
expense may be covered only if it is actually incurred, is reasonable as determined by the city,
and only for the actual amount of the expense.
4. Rent Abatement as an Altemative. If a Leasee who is otherwise entitled to
relocation instead chooses to re-locate on his or her own, the Leasee shall be entitled to rent
abatement for the length of time relocation would have otherwise been authorized.
5. Approval Required by Citv Attomey or Outside Counsel. If the amount of
expected reimbursable relocation expenses is in excess of$2,500, prior approval of the
expendihre from the City Attorney or outside counsel to the VHC shall be required.